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December, 2015

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SMALLHOLDER AGRICULTURE DEVELOPMENT AND

COMMERCIALIZATION PROJECT - MOSAP II

GOVERNMENT OF ANGOLAMINISTRY OF AGRICULTURE

Agriculture Development Institute

SFG1612

Table of ContentsTABLE OF CONTENTS I

LIST OF ACRONYMS IV

ACKNOWLEDGMENTS V

TERMS AND DEFINITIONS VI

I. SUMÁRIO EXECUTIVO IX

II. DESCRIÇÃO DO PROJECTO IX

III. PRINCIPAIS IMPACTES IX

IV. QUADRO INSTITUCIONAL E LEGAL IX

V. DETERMINAÇÃO DA ELEGIBILIDADE IX

VI. DESENVOLVIMENTO DOS PLANOS DE ACÇÃO X

VII. AVALIAÇÃO E COMPENSAÇÃO POR PERDAS, RESTAURAÇÃO E MELHORIA DAS CONDIÇÕES DE VIDA X

VIII. MEDIDAS DE INDEMNIZAÇÃO/REASSENTAMENTO X

IX. RESPONSABILIDADES XI

X. MECANISMOS DE RECLAMAÇÃO XI

XI. CALENDÁRIO DE IMPLEMENTAÇÃO XI

XII. MONITORIZAÇÃO E AVALIAÇÃO XI

XIII. ORÇAMENTO XII

XIV. PAGAMENTO XII

I. EXECUTIVE SUMMARY XIII

II. PROJECT DESCRIPTION AND OBJECTIVES OF THE RFP XIII

III. POTENTIAL IMPACTS XIII

IV. LEGAL AND INSTITUTIONAL FRAMEWORK XIII

V. ELIGIBILITY DETERMINATION XIV

VI. DEVELOPMENT OF THE RESETTLEMENT ACTION PLANS XIV

VII. VALUATION OF AND COMPENSATION FOR LOSSES FOR LIVELIHOODS RESTORATION AND IMPROVEMENTS XIV

VIII. RESETTLEMENT MEASURES XV

IX. RESPONSIBILITIES XV

X. IMPLEMENTATION PROCESS XV

XII. GRIEVANCE MECHANISMS XVI

XIII. IMPLEMENTATION SCHEDULE XVI

XIV. MONITORING AND EVALUATION XVI

XV. BUDGET XVI

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XVI. PAYMENT XVII

1. DESCRIPTION OF THE PROJECT AIM AND OBJECTIVES 1

2.2. AIM AND OBJECTIVES 1

1.1. PROJECT COMPONENTS 1

1.2. PROJECT AREA 2

1.2.1. BIÉ 6

1.2.2. HUAMBO 6

1.2.3. MALANJE 7

1.3. DESCRIPTION OF THE PROJECT COMPONENTS 7

2. POTENTIAL IMPACTS 15

3. OBJECTIVES AND SCOPE OF THE RESETTLEMENT POLICY FRAMEWORK 17

4. THE SOCIAL SCREENING PROCESS 18

5 PREPARATION, REVIEW AND APPROVAL OF RESETTLEMENT ACTION PLANS (RAPS) 20

6. LEGAL AND INSTITUTIONAL FRAMEWORK 23

6.1. ANGOLA LEGISLATION 23

6.2. RELEVANT WB OPERATIONAL POLICIES 24

6.3. GAPS BETWEEN ANGOLA LEGISLATION AND WB’S PRINCIPLES 26

7. RAP PREPARATION, REVIEW, APPROVAL AND PUBLIC CONSULTATION 28

7.1. RAP DEVELOPMENT, APPROVAL AND PUBLIC CONSULTATION PROCESS 28

7.2. RAP STRUCTURE AND CONTENTS 29

8. ELIGIBILITY DETERMINATION 30

9. IMPLEMENTATION OF CONSULTATION PROCESS 31

10. VALUATION OF AND COMPENSATION FOR LOSSES FOR LIVELIHOODS RESTORATION AND IMPROVEMENTS 31

10.1 COMPENSATION APPROACH 32

11. RESETTLEMENT MEASURES 35

11.1. SITE SELECTION, SITE PREPARATION AND RELOCATION 35

11.2. INTEGRATION WITH HOST POPULATION 35

12. COMMUNITY PREPARATION AND PUBLIC CONSULTATIONS 36

13. GRIEVANCES REDRESS MECHANISM 39

14. ENVIRONMENTAL PROTECTION AND MANAGEMENT 41

15. ORGANIZATIONAL RESPONSIBILITIES 42

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16. CAPACITY BUILDING 43

17. COSTS AND BUDGET 44

18. MONITORING, EVALUATION AND REPORTING 45

19. PUBLIC CONSULTATIONS AND PARTICIPATION 47

20. REFERENCES 48

List of Tables

Table 1: Municipalities and communes in the project area........................2Table 2: General budget for RPF..............................................................44

List of Annexes

Annex 1: Entitlement Matrix for PAPs........................................................AAnnex 2: Template for the Design of RAPs.................................................. Annex 3: Example of Public Session program and attendance list............CAnnex 4: Project Screening Form..............................................................H

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List of Acronyms

ECEC Environmental CoordinationEDA Agrarian Development StationEFL Environmental Framework LawESIA Environmental and Social Impact AssessmentESMF Environmental and Social Management FrameworkESMP Environmental Social Management PlanESS Environmental Safeguards SpecialistFFS Farmer Field SchoolGAPs Good Agricultural PracticesGoA Government of AngolaHIV/AIDs Human immunodeficiency virus infection and acquired immune deficiency

syndromeIDA Institute for Agrarian DevelopmentIPM Integrated Pest ManagementM&E Monitoring & EvaluationMINAGRI Ministry of AgricultureMOSAP Market Oriented Smallholder Agriculture ProjectMOSAP II Smallholder Agriculture Development and Commercialization ProjectNGO Non-Governmental OrganizationPIU Project Implementation UnitRAP Resettlement Action PlanR & D Research & DevelopmentRPF Resettlement Policy Framework SESA Strategic Environmental and Social AssessmentSESFP Social and Environmental Safeguards Focal PointSSS Social Safeguards SpecialistSTD Sexually Transmitted DiseasesTA Technical AssistanceWB World BankWHO World Health OrganizationWUA Water User Association

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AcknowledgmentsThis Resettlement Policy Framework Report (RPF) has been prepared with the support and consultation of many people to whom the Consultant is very grateful.

The consultations benefited from field visits and discussions with individuals and farmer associations, communities, and officials in the Provinces of Malanje, Bié and Huambo.

In addition, a number of Directors and senior officers in the Ministry of Agriculture, ADI, and other officers from Ministries at province and municipal level provided relevant data and information. The consultant wishes to express his gratitude to the ADI outstanding administrative and logistical support during the assignment, including assistance with the field visits.

Thanks are also due to the design team of MOSAPII, Coordinators and officers of MOSAP.

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Terms and definitionsCensus means any field survey carried out to identify and determine the number of Project Affected Persons (PAP) and their assets; in accordance with the procedures, satisfactory to the National legislation and WBG’s Safeguard Policies. The meaning of the word shall also embrace the criteria for eligibility for compensation, resettlement and other measures, emanating from consultations with affected communities and the Local Leaders.

Compensation is the payment in cash, and jobs, houses, in kind, alternative livelihoods options, land and conservation measures, or other assets given in exchange for the taking of land including fixed assets thereon, in part or whole depending on the context, the nature of the right or use or occupancy, the type of losses and the purpose of the resettlement or economic displacement.

Cut-off date is the date of commencement of the census of PAPs within the project area boundaries. This is the date on and beyond which any person whose land is occupied for project use, will not be eligible for compensation.

Environmental and Social Management Framework (ESMF) is a safeguard document that establishes procedures and guidelines for the mitigation, adaptation, monitoring and governance measures to be considered and implemented during the design and operation of the Programme as well as to provide orientation to the development of ESMPs. For the MOSAPII, the ESMF has been prepared as a separate and stand-alone document to be used in conjunction with this RFP.

Free, Prior and Informed Consent Principle (FPIC) is a Principle adapted from the UN Permanent Forum on Indigenous Issues (2015), meaning:

FREE implies no coercion, intimidation or manipulation. PRIOR implies consent is sought far enough in advance of any

authorization or commencement of activities, and the time requirements of consultation and consensus processes are respected.

INFORMED implies that all information relating to the activity is provided to concerned people and that the information is objective, accurate and presented in a manner or form that is understandable to these people.

CONSENT implies that the concerned people have agreed to the activity that is the subject of the consultation. These people also have the prerogative to withhold consent or to offer it with conditions. Consultation and participation are key elements of a consent-seeking process.

Grievance mechanisms means all processes and tools that serve to channel conflict into an institutionalized mechanism for peaceful

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resolution. They facilitate communication between affected people and management (project, government, etc.) regarding problems that arise, and enable those affected to complain with dignity, knowing that there is a system of appeals leading to an impartial decision maker.

Involuntary displacement means the involuntary taking of land resulting in direct or indirect economic and social impacts caused by:

Loss of benefits from use of such land; Relocation or loss of shelter; Loss of assets or access to assets; or Loss of income sources or means of livelihood, whether or not the

project affected person has moved to another location.

Involuntary Land Acquisition is the taking of land by government or other government agencies, for the purposes of a public project against the will of the landowner. The landowner may be left with the right to negotiate the amount of compensation proposed. This includes land or assets for which the owner enjoys uncontested customary rights.

Land refers to agricultural and/or non-agricultural land and any structures thereon whether temporary or permanent and which may be required for the Project.

Land acquisition means the taking of or alienation of land, buildings or other assets thereon for purposes of the Project.

Project affected persons (PAPs) relates to those persons who, for reasons of the involuntary taking or voluntary contribution of their land and other assets under the project, result in direct economic and or social adverse impacts, regardless of whether or not the said Project affected persons physically relocate. These people may have their:

Standard of living adversely affected, whether or not the Project Affected Person must move to another location;

Right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently, adversely affected;

Access to productive assets adversely affected, temporarily or permanently; or

Business, occupation, work or place of residence or habitat adversely affected.

Rehabilitation Assistance means the provision of development assistance in addition to compensation such as land preparation, credit facilities, training, or job opportunities, needed to enable project affected persons to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-project levels.

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Replacement cost means replacement of assets with an amount sufficient to cover full replacement cost of lost assets and related transaction costs. The cost is to be based on Market rate (commercial rate) according to the Angolan legislation for sale of land or property. In terms of land, this may be categorized as follows;

Replacement cost for agricultural land means the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of:

Preparing the land to levels similar to those of the affected land; and

Any registration, transfer taxes and other associated fees;

Replacement cost for houses and other structures means the prevailing cost of replacing affected structures of the quality similar to or better than that of the affected structures, in an area. Such costs shall include:

Transporting building materials to the construction site; Any labour and contractors’ fees; and Any registration costs.

Resettlement Assistance means the measures to ensure that project affected persons who may require to be physically relocated are provided with assistance such as moving allowances, residential housing or rentals whichever is feasible and as required, for ease of resettlement during relocation,

Resettlement Policy Framework (RPF) means this document, which has been prepared to guide on preparation of Resettlement Action Plans throughout the MOSAPII implementation. The RPF will be disclosed to set out the resettlement and compensation policy, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the program. The Resettlement Action Plans (RAPs) for the MOSAPII will be prepared consistent with the provisions of this RPF.

Resettlement Action Plan (RAP) is a resettlement instrument (document) to be prepared when project activity locations are identified. In such cases, land acquisition leads to physical displacement of persons, and/or loss of shelter, and/or loss of livelihoods and/or loss, denial or restriction of access to economic resources. The party impacting on the people and their livelihoods prepares RAPs. RAPs contain specific and legally binding requirements to be abided by MOSAPII to resettle and compensate the affected party before implementation of the project activities causing adverse impacts.

Voluntary Land Contribution refers to a process by which an individual or communal owner agrees to provide land or property for project-related activities. Voluntary contribution is an act of free, prior and informed

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consent, including knowledge of other options available and their consequences, the right not to contribute or transfer the land. It must be obtained without undue coercion or duress.

Voluntary Land Contribution may be of two types:

Voluntary Land Contribution for Compensation, or Voluntary Land Contribution without Compensation

Vulnerable Groups refers to:

Low capacity households - widows, the disabled, marginalized groups, low income households and informal sector operators;

Incapacitated households – those with no one fit to work and; Child-headed and street children. This group is among other

things, characterized by low nutrition levels, low or no education, lack of employment or revenues, old age, ethnic minority and/or gender bias.

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i. Sumário Executivo

ii. Descrição do Projecto

O Grupo Banco Mundial (WBG) está apoiar o Governo de Angola (GoA) na implementação do Projecto Desenvolvimento de Agricultura Familiar e Comercialização (SADCP, conhecido em Angola como MOSAP II), previsto para se iniciar em 2016 e com duração esperada de 5 anos. O MOSAP II abrangerá as Províncias de Malanje, Bié e Huambo e está organizado sob três componentes:

Componente 1 – Capacitação e Desenvolvimento Institucional Componente 2 – Apoio ao Investimento e Comercialização e, Componente 3 – Gestão do Projecto, Monitorização e Avaliação.

As atividades do MOSAP II beneficiarão pequenos agricultores com lotes de terreno inseridos em sistemas de regadio. O Ministério da Agricultura, através do Instituto de Desenvolvimento Agrário (IDA) será a entidade responsável pela implementação. Enquanto entidade coordenadora, o IDA estabelecerá uma Unidade de Implementação do Projecto (PIU) com subunidades ao nível de cada Província, com a responsabilidade de coordenação e gestão, com recurso a Assistência Técnica, se necessário.

iii. Principais impactes

Os potenciais impactos sociais identificados durante o desenvolvimento deste Quadro de Salvaguardas Sociais incluem o risco de perdas de rendimento, activos e reassentamentos devidos às actividades previstas no âmbito do MOSAP II. Estes impactos, por sua vez, poderão originar situações de conflito social ao nível das comunidades locais. Como recomendação geral, sugere-se o evitar de expropriações o máximo possível de modo a reduzir os impactos sociais do projecto.

Os impactos positivos potenciais incluem a construção e reabilitação de infraestruturas; transferência de conhecimento e tecnologia para os pequenos agricultores, quer homens quer mulheres e ainda organizações de agricultores; a introdução de variedades de sementes e culturas melhoradas, o aumento do rendimento dos camponeses e das comunidades, melhorias das capacidades de organização ao nível das associações de agricultores, contribuindo para um balanço positive global e muito significativo.

iv. Quadro institucional e legal

O quadro de salvaguardas quanto a reassentamentos, segue os Princípios do Banco Mundial e a legislação angolana em vigor, o qual se encontra disperso por diferentes instrumentos legais.

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v. Determinação da elegibilidade

Serão consideradas elegíveis todas as pessoas ou lares que, á data formal de arranque do projecto vivam, trabalhem ou tenham qualquer actividade nas áreas afectadas. As pessoas e famílias elegíveis serão categorizadas de cordo com a natureza e tipo de danos. Tipologias usuais são:

Pessoas ou lares cuja actividade ou terra agrícola, residencial ou comercial seja em parte, ou no todo, afectada de forma permanente ou temporária.

Pessoas ou lares cujas habitações ou outras estruturas sejam afectadas, em parte ou no total, de forma temporária ou permanente;

Todos cujas actividades económicas ou comerciais, ou outras fontes de rendimento (emprego) sejam afectadas de forma permanente ou temporária;

Todos os agricultores cujas produções (anuais ou perenes) e árvores sejam afectadas pelo projecto;

Outros.

vi. Desenvolvimento dos Planos de Acção

Os Planos de Acção devem ser desenvolvidos antes do início das actividades físicas das acções específicas projecto e devem basear-se em informação detalhada relativamente aos locais, natureza e extensão das intervenções e as comunidades envolvidas.

vii. Avaliação e compensação por perdas, restauração e melhoria das condições de vida

As compensações seguirão os procedimentos governamentais em vigor em completa observância das orientações e salvaguardas do Banco Mundial. Em função da tipologia e natureza das intervenções os ministérios correspondentes providenciarão apoio técnico na avaliação e definição dos valores compensatórios para perda de terras e demais activos.

Em conformidade com os sistemas nacionais na avaliação dos edifícios e da terra são tomadas em consideração os materiais de construção usados, a área coberta, idade e localização do edifício e/ou da propriedade. Faz-se uma análise comparativa com propriedades similares para se chegar ao montante da compensação. Contudo, a Política Operacional do Banco Mundial sobre Reassentamento Involuntário (PO 4-12) exige que a compensação seja feita com base no valor da substituição ao custo actual desse custo, i.e. sem ter em consideração a depreciação pela idade da estrutura e/ou o resgate dos materiais de construção pelos respectivos donos durante o processo da remoção. Consequentemente ao abrigo deste projecto esse padrão da PO 4.12 será a que se vai aplicar.

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Nos processos de indemnização relativos a terras os líderes locais apoiarão na procura de terras alternativas em articulação com as autoridades provinciais.

Para a avaliação das produções afectadas, devem ser tidas em consideração o tipo de cultura, o grau de desenvolvimento do cultivo, a produção esperada e o preço unitário.

viii. Medidas de indemnização/reassentamento

Os Planos de Acção deverão incluir censos detalhados e levantamentos que assegurem a participação e envolvimento das comunidades, através dos seus líderes, os quais ajudarão na identificação e acordo relativamente a locais alternativos quer para residências quer para agricultura ou outras actividades económicas.

Qualquer reassentamento só deve ter início após a implementação formal dos projectos e dos procedimentos oficiais estabelecidos, assegurando o envolvimento das partes interessadas. As medidas compensatórias/indemnizatórias para terras, árvores, estruturas ou outras actividades serão estabelecidas com base em levantamentos e censos que assegurem a possibilidade de opção pelo tipo de compensação (em género, em dinheiro, etc.).

Devem ser assegurados mecanismos de consulta e participação permanentes com todas as partes interessadas durante os Planos de Acção.

Deve ser feito um esforço especial no sentido de incluir todos os grupos vulneráveis durante todas as fases de consulta.

ix. Responsabilidades

Através da Unidade de Implementação do projecto, o Instituto de Desenvolvimento Agrário, tema responsabilidade de coordenar e monitorizar o desenvolvimento e implementação dos Planos de Acção para Reassentamento segundo as orientações estabelecidas no Quadro de Salvaguardas. Deve também assegurar o envolvimento e participação de todas as partes interessadas a nível local, provincial e nacional.

x. Mecanismos de reclamação

Apesar da legislação angolana prever formas e mecanismos de reclamação, através do sistema judicial, a prática mostra que esta via é morosa e custosa. De modo a evitar estes constrangimentos, o MOSAP II disponibilizará mecanismos e formas de acolher reclamações organizadas em dois níveis: a) objecções e, b) consenso, negociação e resolução de conflitos.

Objecções – Todas as pessoas afectadas devem ter a oportunidade de expressar o seu desacordo durante o desenvolvimento dos Planos de Reassentamento, compensação e preparação de contratos. De modo a

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assegurar a imparcialidade, serão crADIos comités locais com a função de acolher todas as reclamações. Estes comités devem incluir representantes das autoridades locais formais e tradicionais. Os Comités guardarão registo de todas as queixas e reclamações, bem como de actas das discussões, recomendações e decisões deliberadas. Os Planos de Acção estabelecerão mecanismos para registo de queixas e reclamações, descrevendo a forma e tempo de resposta e mecanismos de recurso, incluindo o acesso aos tribunais, como último recurso após esgotar todas as alternativas/opções viáveis a nível local.

Consenso, negociação e resolução de conflitos – o diálogo permanente é o modo mais adequado e pacífico de prevenir e resolver conflitos e responder a queixas e reclamações por parte das pessoas afectadas. O MOSAP II deve assim promover esse diálogo permanente entre as partes envolvidas de modo a se atingir consensos. O processo de diálogo deve por sua vez basear-se nos valores e práticas culturais mais próximas das pessoas afectadas. Contudo durante as acções de consenso, negociação e resolução de conflitos deve ser sempre claro a quem e quando todas as comunicações devem ser dirigidas. Os Planos de Acção devem também incluir uma lista de passos a seguir relativamente a queixas e reclamações, detalhando um cronograma e indicação de responsabilidades para todos os passos e acções.

xi. Calendário de Implementação

Os Planos de Acção para o reassentamento incluirão um calendário alinhado com o desenvolvimento do MOSAPII.

xii. Monitorização e avaliação

Os mecanismos de monitorização dos reassentamentos e indeminizações devem estar articulados com a monitorização geral do projecto, sob a responsabilidade dos ministérios correspondentes, em função da natureza das intervenções. Deverão realizar-se avaliações periódicas de modo a verificar se as indemnizações foram atribuídas atempadamente e também para verificar se os lesados beneficiam de iguais ou melhores condições relativamente à situação inicial. Deverão ser estabelecidos indicadores quantificáveis para verificação do cumprimento das compensações/indemnizações. Deverá também ser assegurada uma avaliação independente sobre o cumprimento dos Planos de Acção para o reassentamento.

xiii. Orçamento

No momento actual de desenvolvimento e desenho do Projecto MOSAPII, e apesar de não serem conhecidas as características (natureza, tipologia, âmbito e magnitude) e natureza física das actividades do projecto, estima-se que os custos relativos a compensações serão aproximadamente de $450,000. Estima-se que as actividades do Projecto não afectarão um número de pessoas superior a 200. No entanto a determinação efectiva do número final de pessoas e bens que possam vir a ser afectados só será possível após a realização dos projectos técnicos e

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da identificação das necessidades de terreno específicas para cada área de intervenção.

xiv. Pagamento

O Governo de Angola, através do Ministérios aproprADIos quer ao nível central quer provincial é o responsável pelas compensações/indemnizações das pessoas afectadas.

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i. Executive Summary

ii. Project description and objectives of the RFP

The World Bank Group (WB) is supporting the Government of Angola (GoA) to implement a Smallholder Agriculture Development and Commercialization Project (SADCP, also known as MOSAP II) starting in 2016 and with an expected duration of 5 years. MOSAP II will target support to the Provinces of Malanje, Bié and Huambo.

The MOSAP II consists of three components:

Component 1 - Capacity Building and Institutional Development; Component 2 - Support for Increased Production and

Commercialization; and, Component 3 - Project Management, Monitoring and Evaluation.

The MOSAP II activities will benefit smallholders with land plots in the wider catchment areas and target irrigation schemes. Ministry of Agriculture (MINAGRI) through the Institute for Agrarian Development (IDA) will be the lead implementing agency. IDA will have the responsibility of coordinating implementation by hosting a Project Implementation Unit (PIU) with sub PIUs at Province level, tasked with the responsibility of MOSAP II coordination and management using Technical Assistance (TA) when needed.

This Resettlement Policy Framework is to be used by the MOSAPII aiming to ensure that the WB safeguards for involuntary resettlement and Angola national requirements for land acquisition and resettlement are adequately addressed.

The Resettlement Policy Framework (RPF) was prepared in coherence with the Environmental and Social Management Framework (ESMF), which outlines the mechanisms for screening investments to be financed under MOSAPII, for environmental and social impacts, and provides tools to mitigate and manage these impacts.

iii. Potential Impacts

The potential impacts of MOSAP II on the social environment identified during the development of the RPF includes the risk of loss of income, assets, and resettlement that might arise from the implementation of the MOSAPII’s activities in each selected site. These potential adverse impacts can also lead to social conflicts with local people. A general recommendation suggests avoiding assets expropriation to the extent possible in order to reduce the negative social impact of the project.

The potential expected impacts include: construction and rehabilitation of infrastructures; technology transfer to small holders, women and men farmers and farmers organizations; and development of new improved crop varieties, improved income of the involved farmers and the region;

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improved organizational capacity of involved associations and farmers, contributing to a global and significant positive balance.

iv. Legal and Institutional Framework

The RPF follows WB’s principles and policies regarding Social and Environmental and the existing Angolan legislation. The legal and institutional framework for resettlement actions in Angola is spread in several legal instruments.

v. Eligibility determination

People that formally are recognized as Project Affected Person (PAP) or Project Affected Household (PAH) at the cut-off date if living, farming or making a living within the areas to be acquired for the MOSAP II at the cut-off date will be considered eligible.

PAPs and PAHs will be categorized according with the nature and type of affection. Usual types of categories for PAPs and PAHs are:

Persons or affected households (PAP or PAHs) whose agricultural, residential, or commercial land is in part or in total affected (temporarily/permanently);

PAPs or PAHs whose houses and other structures are in part or in total affected (temporarily/permanently);

PAPs or PAHs whose businesses or source of income (i.e. employment) are affected (temporarily/permanently);

PAPs or PAHs whose crops (annual/perennial) and trees are affected by the Project;

Other PAHs/PAPs.

vi. Development of the Resettlement Action Plans

The Resettlement Action Plans (RAPs) should be developed before starting the physical implementation of the specific projects and should be based on detailed information at the exact project sites, nature and extension of interventions and the involved communities.

vii. Valuation of and compensation for losses for livelihoods restoration and improvements

Compensation will follow the existing government procedures with full observance of the WB requirements. Depending on the type of interventions the adequate Ministries will provide technical support to assessment of valuation and compensation for the loss of land and assets. Assessment procedures and methods are included in several laws and regulations.

According to national system in the valuation of buildings and bare lands several components are taken into account: construction materials used,

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area covered, age and location of building or property. Benchmark analysis with similar properties is made in order to reach a compensation amount. However, World Bank Operational Policy on Involuntary Resettlement (OP 4.12) requires that compensation must be made at current replacement cost, i.e. without depreciation for age of a structure and/or salvaging of building materials by the owners during the removal process. Therefore in the project that standard from OP 4.12 will be applied.

For land compensations local leaders assist PAPs to locate alternative land for resettlement (in cases of customary land) in consultation with province commissioners; and the provincial authorities assists PAPs to locate land for resettlement in case of public land.

For the valuation of affected crops considerations include the type of crop, the yield level (high, medium or low yield variety), the expected yield and the produce unit price. The total compensation value is calculated by multiplying the yield (e.g. Kg/Ha) with the pre-determined produce unit price (e.g. Kwanza/Kg.) the area of land (Ha) and number of years of production.

Compensation values for trees (fruit, indigenous and exotic) are based on the type (species) of tree, measured diameter at breast-height (1.3 m) and “market price” in Kwanza per cubic metre or unit. The schedules are compiled with the assistance from the IDA (for field crops and fruit/plantation trees) and the Department of Forestry (for forest trees, indigenous and planted tree species).

viii. Resettlement measures

The RAPs development will include detailed census and surveys ensuring participation and engagement of community leaders during which discussions will be held to identify and agree on available replacement sites both for residential, farming and other socio-economic activities.

Relocation should only start after formal implementation of the projects and official procedures established ensuring involvement of relevant stakeholders. Also the compensation measures for land, trees, structures and any other activity will be established based on the surveys and census and ensuring the opportunity to choose (in cash, in kind, etc.).

Permanent and systematic public consultation and participation should be ensured during the development and implementation of RAP, EIA and ESMPs. This consultation and participation will include PAPs, but also community leaders, NGOs, and any other relevant stakeholders.

Also, special efforts must be made to include all vulnerable groups in the consultation process. During census survey initial consultations will be held with the PAPs and other stakeholders. Further consultations will be undertaken to ensure that information on the overall resettlement plan, implementation schedule, eligibility and entitlements are properly understood and accepted by the affected communities.

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ix. Responsibilities

Through the PIU, ADI as implementation agency will have the responsibility for coordinating and monitoring the development and implementation of the RAP, following the guidelines provided in the RFP. The RAP development and implementation will ensure the participation and engagement of all institutions and relevant stakeholders at central and Province/Local levels.

x. Implementation Process

All resettlement activities, including land acquisition will be developed following a specific plan that should also be monitored. The implementation process will include the following steps:

Planning stage – ensuring an effective administrative and reporting scheme and including all studies and any other relevant information developed under MOSAPII. Information and communication with involved PAPs and relevant authorities (local) should be provided. Training and capacitation of implementing committees and discussions with PAPs will be developed specially addressing alternative land identification.

Land acquisition – this stage will be developed through a participatory process ensuring community involvement during the screening and demarcation of intervention sites and the establishment of a cut-off date.

Socio-economic studies and surveys – the development of base line socio-economic studies will ensure community participation. These studies will include detailed identification and quantification of PAPs, estimation of impacts, valuation that will be part of a census database.

Payment of compensation and development of resettlement activities – based on the database, this stage includes the agreements signing and payments of compensations.

Assistance and monitoring – this includes after-care-assistance, monitoring and evaluation activities.

xii. Grievance mechanisms

Although the existing legislation provides grievance mechanisms through the formal justice system, the practice shows that this usually results in a costly and long duration in time process. In order to avoid theses constraints but not excluding them as a last resource, MOSAPII will provide complaints and grievance mechanisms following a two level stage: a) objections and, b) consensus, negotiation and conflict resolution.

Objections – all PAPS will have the chance to express their disagreement during the development of resettlement plans and compensation contracts preparation. In order to ensure impartiality a local committee will be established with the aim of receiving all grievances. This committee will comprise local authorities and traditional leaders. The

xviii

committee will keep records of grievances and complaints with minutes of discussions, recommendations and decisions achieved. The RAPs will establish detailed mechanisms for the grievance and complaint process, describing format, language, time for reply, and alternative resources, including access to Courts of Law as a last resort after exhausting all the viable peaceful local alternatives/options.

Consensus, negotiation and conflict resolution – permanent and open dialogue is the most suitable way of peacefully addressing any grievance expressed by PAPs. MOSAPII shall promote dialogue between the parties involved in order to achieve consensus, a dialogue grounded on local culture which PAPs are mostly familiar with. However during consensus, negotiation and conflict resolution it should be clear to whom and when all communications and decisions should be addressed.

The RAPs will include a list of steps to assist in the grievance redress procedure detailing a chronogram and responsibilities for all steps/actions.

xiii. Implementation Schedule

The Resettlement Action Plans (RAPs) will include a time frame for implementing the resettlement in line with the Programme development.

xiv. Monitoring and Evaluation

The arrangements for monitoring the resettlement and compensation activities will fit the overall monitoring programme, which will fall under the overall responsibility of the corresponding ministries according with the nature of interventions. Periodic evaluations will be made in order to determine whether the PAPs have been paid in full and before implementation of the schemes activities; and whether the PAPs enjoy the same or higher standard of living than before. A number of objectively verifiable indicators shall be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at quantitatively measuring the physical and socio-economic status of the PAPs, to determine and guide improvement in their social wellbeing. Therefore, monitoring indicators to be used for the RAP will have to be developed to respond to specific site conditions. In addition, an independent audit will take place at the completion of the RAP.

xv. Budget

At the current stage of the design of the MOSAPII, although characteristics (nature, types and scope/magnitude) and physical footprint of project activities are unknown, the likely estimates of costs for the resettlement actions could be approximately $450,000. Though an estimate of less than 200 persons could be affected, the total number of people and assets to be affected will be better determined after the development of the technical designs and identification of land needs for each site.

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xvi. Payment

The Government of Angola through the appropriate Ministries at central and provincial level, will be responsible for compensation of the affected persons.

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1. Description of the Project Aim and ObjectivesThe MOSAP II Project is designed to address two critical constraints to agricultural development in Angola. First, it is designed to increase agriculture institutional capacity through training programs, both nationally and in the project areas. Second, it is designed to address critical bottlenecks in the value chain, including extension, irrigation, production and post-harvest value addition, and market linkages of selected crops.

The project will be implemented over a period of five years, from April 2016 through June 2021. The total project cost is estimated at US$95 million, of which US$20 million equivalent will be in-kind and cash contributions from the Government of Angola and US$5 million equivalent will be in-kind and/or cash contributions from project beneficiaries. A US$70 million IBRD loan will constitute the remainder of the total project cost.

The MOSAP II builds on the experience gained under MOSAP, from which it differs in the following important aspects: (i) it is larger in scope in terms of absolute funding and number of beneficiaries; (ii) it includes a subcomponent to support development of small-scale irrigated agriculture; (iii) in addition to food crops (maize, cassava, beans, and Irish potatoes), it emphasizes the production of high-value crops, particularly vegetables; and (iv) it further strengthens commercialization of agriculture, including market linkages and contract farming. The proposed project has three components: Component 1- Capacity Building and Institutional Development; Component 2- Support for Increased Production and Commercialization; and Component 3- Project Management, Monitoring, and Evaluation. Details are provided in Annex 2 of the Project Appraisal Document (PAD).

2.2. Aim and objectivesThe MOSAP II intends to scale-up activities being implemented under the currently ongoing MOSAP and will also finance critical new activities, as per government’s medium and long-term agriculture programs. MOSAP is scheduled to close on December 31, 2015. The implementation of the new project is expected to start on April 1, 2016. Given the popularity of MOSAP in the project areas as well as with national and provincial agencies dealing with agriculture, government indicated preference for keeping the name of MOSAP and call this project MOSAP II.

Overall, the project is expected to support about 175,000 direct beneficiaries (rural households). The target beneficiaries are smallholder farmers cultivating on average 1-2 hectares of cropland. About 25,000 beneficiaries of the target group (14 percent) are expected to have received initial support from MOSAP and will be targeted under this

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project to further improve their organization structures, and benefit from targeted interventions to further improve specific technical skills and production investments to increase level of production and productivity and markets links, through contract farming or out-growers schemes. Most of the beneficiaries under this project, about 150,000 smallholder will be new beneficiaries that are currently producing at subsistence level with high level of poverty and food insecurity, but with potential for production increases in terms of expansion of cultivated area per farmer and increase productivity per unit of labor.

1.1. Project components

MOSAP II will have three components:

Component 1 - Capacity Building and Institutional Development; Component 2 - Support for Increased Production and

Commercialization; and Component 3 - Project Management, Monitoring and Evaluation.

The proposed project is expected to be implemented over a period of five years from April 2016 through June 2021.

The proposed project deals with smallholder agricultural development and has been designed to be climate smart, gender and jobs responsive and nutrition sensitive. The project is consistent with the main agriculture development programs in the country. Angola tends to experience seasonal rain variability and sometimes even long periods of drought that affect agricultural production. MOSAP II will promote appropriate adaptation practices, including irrigated agriculture, to reduce such production losses. The project will support the participation of women in different project components, including farmers associations, production, marketing and training. It will also have a positive impact on employment and job creation in the rural areas by contributing to increased agricultural production, marketing, agri-business and value addition as well as increased demand for agricultural inputs and services. Finally, it is likely to have a positive impact on the food security as well as human nutrition of rural households through the promotion of the production of food crops, beans and vegetables, entrenched in its structure and content.

1.2. Project Area

The project area will cover the whole country for capacity building and institutional development activities. However, investment will be limited to the same three provinces of Bié, Huambo and Malanje targeted during the previous phase but with more coverage to municipalities. MOSAP was limited to three provinces covering 12 municipalities and only 50,000 beneficiaries. MOSAP II would significantly expand the number of municipalities and communes covered under MOSAP and cover about 175,000 direct beneficiaries (rural households).

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The project area is expected to cover 80 communes, which are part of 25 municipalities in the three Provinces of Bié, Huambo and Malanje.

The population census of 2014 estimates that the three provinces have a total population of 4.2 million representing about 17.2 percent of the total population in Angola.1 The total number of rural households in Angola is estimated to be 1.8 million. Almost one quarter of these, about 440,000, live in the project area. An estimated 175,000 rural households (with a total of about 0.875 million people) are expected to be direct project beneficiaries. Thus, the project beneficiaries account for 40% of all the rural households in the three provinces and for nearly 10% of all rural households in Angola.

Table 1: Municipalities and communes in the project area

Province Municipality Commune

Population of commune

Bié 1

Andulo

Sede 108,104

2 Cassumbe 16,301

3 Caluncinga 74,148

4 Chivaulo 36,238

5

Catabola

Sede 56,079

6 Sande 15,167

7 Caiuera 13,403

8 Chiuca 13,157

9 Chipeta 20,479

10

Chinguar

Sede 36,353

11 Cangote 33,762

12 Cutato 47,355

13

CamacupaSede 68,850

14 Ringoma 14,505

1 Umpulo 9,875

1 Anon. 2014. Censo 2014: Resultados preliminaries do recenseamento geral da população e da habitação de Angola 2014.

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5

16 Muinha 17,876

17 Kuanza 30,654

18

Kuito

Kunje 127,088

19 Chicala 8.69

20 Cambandula 45,125

21 Trumba 8,150

22

Nhareia

Sede 47,805

23 Gamba 7,873

24 Cayeye 18,390

25

Chitembo

Sede 33,318

26 Cachingues 11,929

27 Mumbue 13,456

28 Mutumbo 5,493

Subtotal of potential target beneficiaries of Bié 7 28 930,942

Total (Bié) 9 1,338,923

Huambo 29

BailundoBimbe 21,470

30

Hengue 39,200

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31 Luvemba 40,692

32

Comuna Sede Bailundo 121,570

33 Lunge 59,218

34

Londuimbali

Comuna Sede Londuimbali 33,776

35 Cumbila 14,653

36 Galanga 32,525

37 Alto Hama 28,810

38 Ussoque 14,684

39

Mungo

Comuna Sede Mungo 69,838

40 Cambuengo 40,291

41

Cachiungo

Comuna Sede Catchiungo 52,928

42 Chiumbo 23,587

43 Chinhama 39,148

44

Chicala Cholohanga

Comuna sede Chicala Cholohanga 36,690

45 Sambo 26,497

46 Samboto 20,382

47

HuamboChipipa 37,372

48

Calima 75,473

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49

Caála

Comuna sede 132,479

50 Calenga 37,120

51 Cuima 58,123

52 Catata 31,761

53

Ekunha

Comuna Sede Ecunha 53,617

54 Tchipeio 25,231

Subtotal of potencial target beneficiaries of Haumbo 8 27 1,167,135

Total (Huambo) 11 1,896,147

Malanje 55

Cacuso

Cacuso 27,738

56 Lombe 13,683

57 Quizenga 10,120

58 Soqueco 8,000

59

KalandulaKuale 14,257

60 Kota 18,621

61 Kalandula 23,310

62 Cateco Kangola 9,899

63 Quale 14,257

64

Kinge 7,486

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65

Caculana

Caculama 17,700

66 Caxinga 6,250

67 Muquixe 5,087

68 kiwaba-

NzojiMufuma 5,100

69 Kiwaba-Nzoji 9,303

70

MalanjeCambaxe 2,164

71 N'gola-Luije 6,990

72

CahomboSede 9,103

73

Cambo Sunginge 4,048

74 K.

KatemboSede 21,663

75 Talamungongo 3,131

76

Kangandala Sede 27,857

77

Kunda dia base Sede 27,857

78 Massango Sede 12,332

79

QuedaSede 9,263

80 Xandel 8,004

Subtotal of potential target beneficiaries of Malanje 11 26 323,223

Total (Malanje) 14 968,135

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Total population in project areas 34 4,203,205.00

1.2.1. Bié

Bié has an area of 70 314 km² and an approximated population of 1.794 000 inhabitants. Provincial capital is Kuito, with the following municipalities: Andulo, Camacupa, Catabola, Chinguar, Chitembo, Cuemba, Cunhinga, Kuito and Nharea.

Climate is tropical, hot and humid, with two seasons: from October to April (7 months) that is hot and rainy, and from May to September (5 months), which is dry. During the rainy season, it is common to a have short dry period that usually takes around two weeks. Temperature varies between 2ºC and 10ºC in colder months to 18ºC - 25ºC in hotter ones. Annual rainfall in the region is around 1.200 mm to 1.500 mm.

The soils present a plateau relief, with an average altitude above 1,000 meters (superior, to 1,500 m in the SW quadrant), framed in two scenic drives - the Old Plateau and Upper Kwanza. The dominant soils are ferralitic and psamítico.

Agriculture is the major economic activity in the Region. Major crops are maize and beans.

1.2.2. Huambo

Huambo has an area of 35.771 Km2, and a population of 1.890.147. Provincial capital is Huambo, with the following municipalities: Huambo, Bailundo, Caála, Londuimbali, Catchihungo, Ecunha, Longonjo, Ucuma, Chinjenje, Mungo e Chicala Cholonhanga.

Average temperature varies between 19ºC e 20ºC, and the annual rainfall in the region is around 1,100 mm a 1,400 mm. Climate is tropical, humid with two seasons like Bié.

The most common soils are ferralitics, with a sandy to argilo-arenosa texture, deep and well drained, with low organic matter and mineral nutrients.

Huambo has a wealth of water resources mainly thorugh Queve, Cunene and Cubango rivers. They offer significate agricultural irrigation potential, beside fisheries.

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Agriculture is the major economic activity, with maize, potato, beans and horticulture as main crops.

1.2.3. Malanje

Malanje Province covers an area of 97,602 km2 and has a population of 968.135 inhabitants. It is administratively divided into 14 municipalities and 37 communes, with the city of Malange as its capital.

The weather is humid tropical mesothermic and varies between 20° C and 25° C. The coldest month is June with the hottest months beingMarch and April. There are two seasons: the rainy season that includes the months of August to May and the dry season (cacimbo), covering the remaining period. Rainfall varies between 900 and 1,400 mm/year.

The predominant soils in the Province are fersialiticos and pesamiticos, varying in altitude from 500 to 1,500m relative to sea level. It’s bathed by several rivers most notably Kwanza and its tributaries, including: Lucala, Kuije, Malanje, Lutete, Cassamba, and Cuhambaetc.

The population consists mostly of smallholder farmers, being cassava and beans the most frequent crops in the region.

1.3. Description of the Project Components

Component 1. Capacity Building and Institutional DevelopmentThe objective of this component is to improve the technical, institutional, managerial, and marketing skills of 150,000 farmer beneficiaries and to strengthen the capacity of government agricultural extension specialists, agricultural research institutions, private agricultural service providers, and NGOs related to different aspects of agriculture, including value chains. The expected results are: (i) smallholder farmers’ organizations established and strengthened; (ii) technical and managerial competence of smallholder farmers improved; and (iii) government capacity to support smallholder agricultural production and commercialization enhanced.

This component consists of three subcomponents: (i) Strengthening Capacity of Smallholder Farmers and Farmers’ Organizations through Farmers’ Field Schools; (ii) Institutional Strengthening of Local, Provincial, and National Units of the MINAGRI; and (iii) Strengthening Capacity and Global Knowledge to Address Emerging Research Problems.

1.1 Strengthening Capacity of Smallholder Farmers and Farmers’ Organizations through Farmers’ Field

The first subcomponent deals with training of smallholder farmers through FFS. The main focus of the training will be on: (i) establishing and strengthening smallholder farmers’ organizations; (ii) strengthening

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farmers’ knowledge about improved agricultural practices, modern agricultural technology, use of improved agricultural inputs, and agricultural marketing; (iii) strengthening farmers’ functional literacy and numeracy; (iv) improving household nutrition through crop diversification, use of more nutritious crops and crop varieties, and better food preparation techniques; (v) improving soil fertility and integrated nutrient management (INM); and (vi) promoting integrated pest management and conservation agriculture, including training on environmental and climate-smart agriculture (CSA) practices related to soil conservation, rational use of water, fertilizers, and INM. HIV/AIDS and gender awareness will be systematically integrated in FFS as cross-cutting issues.

The capacity of smallholder farmers and farmers’ organizations will be strengthened in all critical aspects related to agriculture by scaling up the FFS initiative currently being implemented under MOSAP by FAO jointly with local ADI/EDA extension services. The FFS training is expected to benefit 150,000 smallholder farmers. The FFS methodology empowers smallholder farmers to set their own agenda and take steps to improve their agricultural knowledge and economic situation. It also includes training of master trainers (mainly EDAs’ agricultural extension staff), who will in turn train other government extension staff and farmer facilitators by using the enhanced and improved FFS curriculum.

For effective implementation of the FFS approach, the government will ensure that each commune has at least three agricultural extension specialists at each EDA. The project expects to cover all 80 communes in 26 municipalities by the end of the third year, with at least 30 communes covered in the first year and 60 in the second year. This will ensure that all farmers in the target group benefit from at least one full FFS training cycle during the project.

1.2 Institutional Strengthening of Local, Provincial, and National Units of the Ministry of Agriculture (MINAGRI)

The second subcomponent aims to strengthen MINAGRI’s institutional capacity at the national and decentralized levels to provide the complementary services needed for SADCP farm-level investments in the critical areas of agricultural extension, irrigation services, market information, agricultural statistics, and policy analysis. In particular, project financing will be provided for:

Data and statistics: Targeted support: to expand data collection for crop production (including forecasts) and post-harvest surveys through funding for enumerator training and data collection in the project areas; to produce regular production statistics and reports at the national level; and for the planned national agricultural census in 2016, as needed.

Policy analysis: Targeted support for agricultural policy training and annual sector review processes, possibly with a link to

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Angola’s commitment under CAADP to institute regular reviews twice a year for the agriculture sector.

Market information systems: Support for the development of market information systems; exploration of possible systems to be developed for farmers’ or traders’ groups; and linkages to Ministry of Commerce initiatives around market information systems within the context of PAPAGRO (Programa de Adquisição de Productos Agropecuarios).

Small-scale irrigation: The rehabilitation and development of small-scale irrigation is part of ADI’s mandate to support smallholder agriculture development in the country, while development of larger irrigation schemes is within the mandate of MINAGRI’s Department of Hydraulics. The project will provide technical training on gravity-fed irrigation systems at provincial and municipal levels to enable technical backstopping for small-scale irrigation systems to ADI staff and policy support such as preparation of water users’ association (WUA) regulations to the GEPE (MINAGRI’s Division of Statistics under the Department of Planning and Studies).

Provision of infrastructures for extension officers: Critical agricultural extension facilities need to be rehabilitated and/or built at local level. This will require construction and rehabilitation of office–residential complexes for agricultural extension services in selected communes. An estimated 40 new houses and 10 new offices will be required in the 80 beneficiary communes. This activity will be implemented by the PIU/PPIUs (Project Implementation Unit/Provincial Project Implementation Units) in collaboration with local beneficiary organizations. The government will allocate specific resources for operations and maintenance (O&M) as part of its contribution.

1.3 Strengthening Capacity and Global Knowledge to Address Emerging Research Problems- US$9 million

The third subcomponent aims to strengthen the capacity of Angola’s national and provincial-level agricultural research systems to expand access to improved technologies that increase farm productivity and production. This will include scaling up the availability of improved technologies for SADCP-supported farmers’ organizations, bridging the technical knowledge gaps around priority cropping systems, and bringing in new knowledge and technologies available within the region or globally, where appropriate. Special attention will be paid to crops and technologies preferred by women.

In particular, financing under the SADCP will be provided for:

Multiplication of seeds and planting material: Scaling up breeder or foundation seed production within the Institute of Agricultural Research (IIA), developing partnerships with seed producers to increase production of certified or quality declared seed, and

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scaling up production and dissemination of virus-free cassava cuttings through available tissue culture laboratories (in Malanje and Luanda).

Development of recommended technology packages for project crops (cartas tecnologicas por culturas): Packaging and disseminating recommendations for priority crops for use by farmers, delivered by extension system/technical service providers.

Improvement of soil diagnostic services (soil analysis and fertilizer recommendations): Provision of equipment, training, and operational costs within Huambo and Malanje to improve soil testing facilities and development of comprehensive fertilizer recommendations.

Training of national research and extension system on specific technical topics by international experts: Support to partnerships to bring in outside knowledge for the benefit of the national research and extension system from partners such as EMBRAPA (Brazilian Agricultural Research Corporation), CGIAR (Consultative Group for International Agricultural Research) institutes, or within the SADC (Southern African Development Community) region.

Scaling up the testing/demonstration of new technologies based on CGIAR research system or others: Support for R&D activities within IIA to test new technologies brought in from the CGIAR system, EMBRAPA, or countries within the region and targeting priority crops.

Component 2. Support for Increased Production and Commercialization

The objective of this component is to support value chain development of selected crops through demand-based matching investment grants to smallholder farmers’ organizations to improve agricultural productivity, production, and market access for 50,000 eligible beneficiaries. The beneficiaries for investment support will be selected from those trained through FFS under MOSAP, the SADCP, or any other training program. This component will support three kinds of investments in the value chain, including: (i) rehabilitation of small-scale irrigation schemes; (ii) agricultural production and productivity improvements; and (iii) post-harvest management for value addition, including storage, processing, and marketing facilities.

The project will hire an experienced and competent service provider to provide necessary support during implementation of this component. The service provider will work within ADI’s structures and will only hire internationally qualified experts to integrate in the team and to support ADI to address technical issues along the selected crops’ value chains.

A Project Implementation Manual (PIM) will be compiled for the SADCP and will include eligibility criteria and the selection process for investment subprojects. These may vary according to the type of support required, as described in Annex 2 of the PAD, but eligibility for each subsequent investment will be contingent on satisfactory performance in the previous investment support phase, if any. A detailed process for

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identification, appraisal, and approval of subproject proposals is described in the implementation arrangement in Annex 4 of the PAD and details will also be provided in the PIM.

Smallholder farmer beneficiaries will be required to make a 10-30 percent contribution (in-kind or cash) to the matching grants funded by the project, depending on the type of investment. The approval process for the subproject proposals seeking matching grant investment support will be as follows:

(i) The Project Implementation Support Committee (PISC) will approve subprojects between US$50,000 and US$100,000. The first two proposals in each category will require prior review and clearance by the Bank; and

(ii) The Provincial Project Implementation Support Committee (PPISC) will approve subprojects up to US$50,000, with the first two proposals in each category to be cleared by the Bank.

The PISC and PPISC will include NGO and private sector representatives to ensure full transparency in the selection process. Subproject proposals from farmers’ organizations will be evaluated by a special Project Committee against competitive selection criteria, as outlined in Annex 2 of the PAD. A full set of criteria and procedures will be outlined in the PIM. Farmers’ organizations with a poor performance record under MOSAP will not be eligible for any new investment support under the SADCP, but every effort will be made to reach a diverse and large number of qualified farmers’ organizations. In other words, selection of farmers’ organization for investment support will focus on both equity and efficiency criteria. Strategically, the activities planned under this component will support implementation of Objective 2 of ADP 2013-17 by promoting value chains, agribusiness, development of irrigation, and construction of infrastructure to support agricultural production.

This component will be divided into two subcomponents: subcomponent 2.1 will provide technical support whereas subcomponent 2.2 will provide investment support to qualified farmers’ organizations and enterprises.

Provision of Technical Support

The implementation modalities for providing technical support include contracting an experienced and competent service provider to: undertake initial feasibility work for investment support; undertake pre-identification and community mobilization work (including the establishment of WUAs); prepare designs for small-scale irrigation schemes; help prepare all subproject proposals for investment support; ensure the environmental and social sustainability of subproject proposals (in accordance with the World Bank’s safeguards policies); and supervise implementation of all subprojects under investment support. The service provider will also ensure that improved technologies and skills are available to smallholder farmers’ organizations and their members such that subproject proposals are economically, financially, socially, and environmentally viable and sustainable. The service provider will strengthen capacity by training selected MINAGRI staff at the

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national and provincial levels in project implementation to improve sustainability.

The service provider will strengthen capacity in three areas, by: (i) helping farmers’ organizations prepare subproject proposals for competitive funding under Component 2; (ii) strengthening private input suppliers’ capacity to respond to the real needs of smallholder farmers; and (iii) improving private enterprises’ capacity in agricultural marketing, post-harvest management, and value addition so that smallholder farmers’ organizations can more easily access markets.

Specific capacity-development activities in each of the three provinces will include: (i) training farmers’ organizations on how to prepare investment proposals, as well as supporting increased managerial and business capacities of new and existing agribusiness entrepreneurs; (ii) information awareness-raising sessions with private input suppliers and private agricultural input suppliers; and (iii) support to farmers’ organizations on how to undertake market assessments and studies or business plan development.

In coordination with the PIU, PPIUs, and ADI, the service provider will organize at least three seminars per province per year for the following target audiences: farmers’ organizations, private input suppliers, and other private sector actors.

2.1.1 Technical Support to Irrigation Subprojects

Rehabilitation of small-scale irrigation schemes will be at pilot scale and will only cover 1,000 ha of the potential 5,500 ha available in the country. The design of irrigation schemes and construction supervision will be done under subcomponent 2.1 whereas actual construction and its funding will be done under subcomponent 2.2.

Initial data indicate that about 279 irrigation schemes, covering about 5,500 ha in the three beneficiary provinces, require rehabilitation, but the level of rehabilitation required varies. Given capacity constraints and the costs of rehabilitation, the project will only support rehabilitation of about 1,000 ha of small-scale irrigation systems as a pilot program, benefiting about 2,000 farmers (with an average of 0.5 ha each). Assuming an average of 32 ha per irrigation scheme, the project will cover approximately 32 irrigation schemes. The investment in irrigation schemes will adopt an integrated participatory planning and development process (details of this process as well the eligibility criteria are given in Annex 2 of the PAD which will be further developed in the project implementation manual). WUAs will be established to ensure the investment’s sustainability and to avoid possible future conflicts.

2.1.2 Technical Support to Production and Post-harvest Management Subprojects

The objective of this subcomponent is to increase crop production and marketing by smallholder farmers, thereby accelerating the transition from subsistence agriculture to commercial agriculture. The service

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provider will have the responsibility to: (i) identify the demand-driven but potentially critical subprojects for increasing crop productivity and production as well as post-harvest value addition and marketing; (ii) support preparation of subproject proposals that meet the eligibility criteria for investment support and have a good chance for competitive selection for support under Component 2; and (iii) supervise the implementation of subproject proposals selected for funding under Component 2. In addition, the service provider will train selected MINAGRI staff in project implementation, thus strengthening Angola’s agricultural institutional capacity. It is extremely important that this subcomponent supports subprojects that are viable, sustainable, and likely to make a major contribution to increased productivity, production, and marketing, including value addition.

2.2 Investment Support

Investment support will be provided for those competitively selected innovative subprojects that deal with irrigation, production, or value chains individually or in a fully justified package of investments in a combination of irrigation, production, and value chains. Further details, eligibility criteria, and eligible expenditures in each category are provided in Annex 2 of the PAD. While the menu of investment options will be flexible, the eligibility criteria will be strictly followed. Recipients of matching grants will be required to contribute 10-30 percent of the subproject’s cost in-kind and/or cash.

Subcomponent 2.2.1 Investments in Irrigation Systems and Support Infrastructure The objective of this pilot activity is to finance the irrigation infrastructure required to increase the productivity and profitability of smallholder irrigated agriculture while taking into account the environmental and social safeguards associated with the civil works. On the basis of participatory designs and the eligibility criteria, the SADCP will finance the costs of the schemes’ rehabilitation/construction. Irrigation infrastructure development will be based on clearly articulated investment proposals and commitment from beneficiaries in scheme development and O&M. No infrastructure investments will be made before critical issues like land user rights and water rights have been secured.

In general, the rehabilitation and construction works will consist of: (i) upgrading of the area around the intake and the main canal; (ii) construction of water collecting structures and/or rehabilitation of damaged embankments; (iii) installation of control structures like water gates; (iv) upgrading of the main canals and, where necessary, lining critical stretches of the distribution system; and (v) use of local plants/grass to control canal erosion. In places where the installation of buried pipes is feasible, hand-dug earthen canals may be substituted by pipes if water losses warrant this. Taking into account the higher unit cost of installing gravity-buried pipe systems, the costs and benefits of

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this option will be evaluated and discussed with the community prior to installation of any such system.

The SADCP will endorse a mix of construction methods, including both plant-based and labor-intensive construction methods that are designed to: (i) build local capacity in irrigation construction and maintenance; (ii) create local entrepreneurship for sustainable delivery of irrigation services; and (iii) deliver planned irrigation construction investments on time, of high quality, and at potentially significantly lower cost than contractor and equipment-based constructions experienced in past irrigation projects in Angola. The choice of construction method will be made on a case-by-case basis at feasibility stage, as this will determine subsequent stages of design/supervision and tendering. After field visits to some of the irrigated areas, the cost for small-scale gravity-fed irrigation scheme rehabilitation or development was estimated to be between US$1,000-2,000/ha.

Subcomponent 2.2.2 Investments in Agricultural Production

The main objective of this subcomponent is to support a sustainable increase in smallholder agricultural productivity and production. To achieve this objective, the subcomponent will provide matching grants to smallholder farmers’ organizations for investments in farm assets. Specific activities likely to be considered for investment support are demand-based agricultural technology packages and improved inputs designed to increase agricultural productivity and production (see the menu of investment options in Annex 2 of the PAD). The main focus will be on crops identified as a priority for the project areas (i.e., maize, beans, cassava, Irish potatoes, and vegetable crops).

To access matching grants for investment subprojects, eligible farmers’ organizations will need to submit subproject proposals. Subcomponent 2.1 will assist eligible participants in the preparation of detailed subproject proposals that will allow an informed decision about their feasibility from technical, economic, financial, social and environmental perspectives. Subproject proposals can be submitted for any investment that will contribute to increasing crop production and productivity.

Proposals will be identified, appraised, and approved based on the criteria summarized in Annex 4 of PAD. A full set of criteria and procedures will also be defined in the PIM. Proposals will be evaluated and selected by an independent technical committee based on the defined criteria. Although the disbursement mechanisms and advances may vary, taking into consideration the type of grant, the eligible expenditures are for Goods, Works, and Services.

2.2.3 Investments in Post-harvest Management and Value Addition

The main objective of this activity is to promote investments aimed at increasing value addition, reducing post-harvest losses, and strengthening market linkages for key priority food and vegetable crops in the project area.

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The ultimate goal is to improve the performance and efficiency of the targeted value chains. This activity will support investments related to market linkages and commercialization of key crops and horticulture (see the menu of investment options in Annex 2 of the PAD). Any subproject requesting financing under this subcomponent will prepare a project proposal and a business plan that will go through a complete appraisal process to determine its economic feasibility and sustainability as well as its environmental and social impacts.

Financial support for farmers’ organizations and rural enterprises’ value addition activities is crucial for the sustainability of public investment in small-scale irrigation development as well as for investments in agricultural production. Eligible beneficiaries of value chain investment support will therefore include smallholder farmers’ organizations that have proven capacities for market-oriented production and/or value chain activities. A key distinguishing feature of this activity will be more complex subprojects that may require multiple stages of support or greater focus on business development services.

Component 3. Project Management, Monitoring, and Evaluation

The third project component will finance management, coordination, and monitoring and evaluation (M&E) of the project. It consists of two subcomponents.

Project Management

The purpose of this subcomponent is to ensure that the project is implemented correctly, on time, and in accordance with the Loan Agreement. This will be the responsibility of a Project Coordinator (PC) and a team of experts located at the national and provincial levels. Financing will be provided to support project coordination activities, including planning and budgeting, management and administration, procurement, financial management (FM), M&E, safeguards compliance, and national and provincial engagement. Government counterpart resources will be used to pay staff-related costs that are not eligible for IBRD funding. The final arrangements for project management incorporate the lessons learned under MOSAP in terms of organization, staffing, and timing. Eligible expenditures under this component may include funding activities in connection with the preparation of the new agricultural subprojects aimed at supporting the development of commercial agriculture.

Project Monitoring and Evaluation

An M&E system will be established to collect and process appropriate information to monitor project performance and measure the output, the effects, and eventually the impacts of project activities over time. Baseline information will also be collected at the beginning of project implementation.

The MOSAP II activities will benefit smallholders with land plots in the wider catchment areas and target irrigation schemes. Ministry of

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Agriculture (MINAGRI) through the Institute for Agrariculture Development (IDA) will be the lead implementing agency. IDA will have the responsibility of coordinating implementation by hosting a Project Implementation Unit (PIU) with sub PIUs at Province level, tasked with the responsibility of MOSAP II coordination and management using Technical Assistance (TA) when needed. The project area will cover the whole country for capacity building and institutional development activities. However, investment will be limited to the same three provinces of Bié, Huambo and Malanje but with more coverage to municipalities. MOSAP was limited to three provinces covering 12 municipalities and only 50,000 beneficiaries. MOSAP II would significantly expand the number of municipalities and communes covered under MOSAP and cover about 175,000 direct beneficiaries (rural households).

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2. Potential ImpactsActivities under the three project components and mainly those from Component 2 will affect the different natural and social environmental components in different ways. Project interventions with the potential to result in land taking include:

a. support for the rehabilitation and/or development of small scale irrigation schemes;

b. support for agricultural production and productivity improvements including the possible use of fertilizers and pesticides;

c. support for investment in value addition, including storage, processing and marketing facilities; and

d. construction of culverts to cross roads and (natural) drainage streams

Physical investments in the above-mentioned areas will be done through a series of subprojects that will translate the project into specific and tangible interventions.

The actual sites and land sizes required for subproject are yet unknown thus, potential impacts presented in the RPF are general and should be seen as a generalized guideline for a thorough assessment once the sites have been selected and demarcated.

The potential impacts of MOSAP II on the social environment identified during the development of the RPF include the risk of loss of income, assets, and resettlement that might arise from the implementation of the MOSAPII’s activities in each selected site. These potential adverse impacts can also lead to social conflicts with local people. A general recommendation suggests avoiding assets expropriation to the extent possible in order to reduce the negative social impact of the project.

Resettlement may result from construction and/or operation of the small infrastructures to be built, but may also be related to the construction operations (e.g. machinery movements, extraction places of construction materials, etc.).

In line with the intrinsic characteristics of the project the need to relocate people and assets will be minimal. It is anticipated that where such will be necessary the preparation of abridged resettlement action plans (RAP) will suffice to deal with them. Both the GOA and the WB accept the preparation of RAP when relocation resulting from a project affects less than 200 people or less than 10% of their properties are affected.

Project characteristics and field conditions suggest that the assets most likely to be affected will comprise:

land through permanent land acquisition (small portions) land through temporary land acquisition (smaller portions)

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houses (mainly partially where this will happen) other domestic structures, e.g. barns, chicken coops, kraals, etc.

(partially and in small quantities) commercial enterprises, e.g. kiosks, vending stalls (mostly

informal, partially and in small quantities) crops (in in small quantities) economic trees (in in small quantities) non-economic trees (in in small quantities) ornamental plants (in in small quantities) cultural property (almost none) public infrastructure (e.g. telephone and electric poles and lines)

Each asset type and category of asset will be compensated differently in line with the GOM and WB policies and regulations to be used.

Where avoiding the relocation of the above-mentioned assets will not be feasible related sub-projects will have to prepare resettlement action plans (RAP), which will be in line with the guidelines of this RPF.

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3. Objectives and scope of the Resettlement Policy FrameworkThe main aim of the Resettlement Policy Framework (RPF) is to establish guidelines for the design and implementation of potential displacement, resettlement and/or compensation issues related with the implementation of MOSAPII subprojects, ensuring that those communities and individuals affected by the projects will not be left worse than they were before and/or without the implementation of the MOSAPII.

The RPF will be used to guide the development of any required Resettlement Action Plan ensuring that the Angola National regulations2 and WB’s Principles and considerations are fully implemented. It should always be borne in mind that resettlement is a new subject in Angola. It practically started gaining shape less than twenty years ago and has been significantly informed by the process of transitioning from emergency resettlement that dominated repatriation and livelihood restoration after the civil war, to a process that is linked to the ongoing economic and social development, including urban requalification. Prevalent limitations in the legislation should be overcome by combining national legislation with regional and international legislation and particularly that to which the Angolan state is signatory.

This Resettlement Policy Framework, for MOSAP II provides an assessment of the social impacts of the project and develops appropriate mitigation plans. The mitigation plans comply with the appropriate national laws and guidelines, and with the World Bank’s policy directives related to OP/BP4.12 - Involuntary Resettlement. The screening process provided through the development of this Framework is consistent with the Bank's safeguard OP/BP 4.12 principles and guidelines for Involuntary Resettlement. The policy requires that all activities financed by the Bank be screened for potential impacts, and that the required resettlement and compensation be carried out on the basis of screening results. The Framework and the provisions of the GOA legislation and the World Bank’s policy objectives on involuntary resettlement, can be summarized as follows:

Resettlement should be avoided where feasible, or it should be minimized, exploring all viable alternative project designs.

Where it is not feasible to avoid resettlement, its activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in the benefits of the project;

Displaced people should be meaningfully consulted and be provided with opportunities to participate in planning and implementation of resettlement programs;

2 e.g. Decree n.º 1/01 – that approves norms on resettlement of displaced people and Regulation 04/05 – on basic rules and principles related with the resettlement process resulting from public and private activities.

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Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

Under this framework and related legal instruments sub-project planning, implementation, monitoring and evaluation will be carried out in a participatory way in order to minimize negative impacts and where necessary, encourage voluntary resettlement and ensure that sub-project benefits accrue to the affected people, particularly women, the poor and most vulnerable people. It should also encourage monitoring of voluntary resettlement to ensure that affected people are not left worse off than they were before the sub-project.

This RPF requires that subproject Resettlement Action Plans (RAPs), consistent with this RPF be prepared and submitted to the Bank for approval, after specific planning information becomes available, as required by OP 4.12, paragraph 29.

4. The Social Screening ProcessA combination of strategies will be used to ensure that sub-projects are compliant with the GOA regulations and WB policies on involuntary resettlement in terms of (i) avoiding/minimizing its occurrence and (ii) turning it into in a development opportunity where it is going to be unavoidable.

The Environmental and Social Screening Form (Annex 4) developed as part of the formulation of the ESMF for the Project will be used to facilitate:

identification of potential environmental and social impacts and the identification of health and safety risks;

determination of their significance; assignment of the appropriate environmental category; determination of appropriate environmental and social mitigation

measures; and determination of the need to conduct an ESIA, a freestanding

ESMP and/or to prepare Resettlement Action Plans (RAPs) where required or determine that no action need to be taken.

Preparation activities for the screening process will include a desk appraisal of each specific intervention (e.g. construction and/or rehabilitation plans and designs) for sub-project related infrastructure.

Subsequent to the desk appraisal of the interventions, the initial screening of the proposed sub-project activities will be verified in the field, with the Environmental and Social Screening Form (ESSF) prepared by Project Environmental and Social Safeguards staff. The Environmental Officers, stationed at the provincial and municipal levels,

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will do the verification. Subsequently, they will oversee the implementation of the required measures

Two other important aspects to be considered to ensure that the siting of the sub-projects is compliant with the need to avoid/minimize resettlement are (i) integration and harmonization with the municipal/comune land use plans as foreseen under the Law of Territorial Planning and Urbanization (Law 03/04, 25 June 2004); and (ii) consultation and participation as recommended in a series of legal documents related with development initiatives that affect people’s lives.

It is fundamental that by all means the Project does not contribute in any way to create land conflicts and/or exacerbate any such conflicts, where they exist. It is a known fact that if not adequately planned projects such as this are associated with both, i.e. (i) positive impacts such as bringing employment and income generating opportunities, improved infrastructure and modern technologies; and (ii) negative impacts in the form of landlessness, local food insecurity, environmental degradation, rural-urban migration etc., which are not desirable outcomes.

Additionally, under the Project the feasibility studies as well as project final design and implementation will be carried out in such a way as to pay attention to the need to avoid/minimize resettlement. There are practical mechanisms that can be applied in the project cycle to ensure that avoidance and minimization of resettlement are achieved. One such example is the adoption of the “Corridor of Impact” mainly for linear projects such as roads, water supply, etc. instead of “right-of-way”. While the “right-of-way” refers to the areas surrounding infrastructures that, by law, should be free from any form of occupation the “corridor of impact” refers to the space absolutely necessary for construction and operation of an infrastructure. The latter is usually narrower and opens opportunities to avoid/reduce the number of people/assets that need to be resettled.

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5 Preparation, Review and Approval of Resettlement Action Plans (RAPs)The Ministry of Agriculture (MINAGRI) through its Agriculture Development Institute (ADI) and extension at Provincial level and then in collaboration with the municipalities and communes will be the host institution for the Project. Social and Environmental Safeguards Specialists will be stationed in the first two institutions. The Ministry of Environment (MINAM) will provide guidance, assistance and a supervisory role for the project to meet its responsibilities in the sound management of the environmental and social aspects of the project.

In line with the GOA organizational structure most of the subprojects will be sectoral by definition, i.e. associated essentially with a specific sector such as public works and urbanism, agriculture, trade, water, transport and communications, etc.

Following the steps foreseen in the ESMF for this project, the different Developers and the Project Social and Environmental Safeguards Specialists in collaboration with the local institutions (Municipal and Commune) will work together in project screening. Local staff and/or Consultants paid by the project will carry out the actual work. Staff at the municipal level will be trained and assisted by the project to have a good understanding and skills to participate in the process.

The extent and detail of subproject screening and for planning and information needs will depend on the severity of impact. The process shall include, among other, a baseline study and a census to determine the level of impact to PAPs, and their assets; and establishment of the cut-off date. More specifically the following steps will be adopted:

Step 1 - Preparation and Approval of Project Activities: the Project personnel and/or the Consultant hired for that effect will prepare the project activities to be undertaken in the proposed sites in terms of planning, construction, rehabilitation and maintenance works.

Step 2 - Establishment of the Cut-off-Date: using participatory methods, the RAP Consultant and the project stakeholders organized in Consultative Committees, for the project area, will establish the cut-off date.

Step 3 - Socioeconomic Surveys and Census: the RAP Consultant will carry out a socioeconomic survey and a baseline census; and collect any relevant additional information on the PAPs, land and the assets to be affected. The census will identify the PAPs (focusing on individual households and vulnerable groups) and; assess their incomes and assets, for preparation of the RAP.

Step 4 - Valuation of Assets and Determination of Compensation: on completion of the socioeconomic survey and the baseline census, the RAP consultant will evaluate the assets and propose the compensation value. The compensation lists in the RAP should not contain names, only a

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code for each PAP. The PAP should be given his/her code to claim compensation. A separate list with the PAPs names should be kept by the consultant and the Project Management. This list should be kept confidential as it contains personal information of the each specific PAP and their compensation amount.

Step 5 - Preparation of the RAP: a RAP shall be prepared and include details of the socioeconomic survey and the census of affected persons and their assets, in line with this RPF.

Step 6 - Evaluation and approval of the RAP: the ESSS shall forward the RAP, together with any additional information, to the respective institutions (MINAG, MC, etc.) and relevant stakeholders who together with the Municipal/Comune Authorities and their teams at the local level shall scrutinize them to ensure compliance with the relevant requirements.

5.1 General Considerations

According to the World Bank Involuntary Resettlement (OP/BP 4.12) principles and guidelines, all MOSAP II construction activities that trigger the policy and therefore require resettlement action plans will be subjected to final approval by the World Bank, to ensure compliance with the Bank’s safeguards. The Bank Safeguards Specialists will ascertain that land is actually acquired or access to resource is lost, denied, or restricted; and that the individual resettlement action plans are consistent with this RPF.

The World Bank shall provide final clearance and approval of the RAPs, which shall be in accordance with the applicable by-laws, sectorial requirements as well as the World Bank Policy requirements.

5.2 Public Consultation and Participation

As supported by World Bank Safeguards policies and Angolan regulations, projects involving resettlement should systematically involve public consultation and participation. According to the level and magnitude of impacts, the Public Consultation Directives of the Ministry of Environment (particularly at Provincial Level) should be applied. In this regard public consultations, through participatory appraisal will be mandatory for all projects requiring land acquisition, compensation and resettlement.

During screening there must be adequate consultation and involvement of the local communities and the affected persons. Specifically, the affected persons must be informed about the intentions to use the sites for project activities, facilities and structures. The affected persons must be made aware of:

(a) Their options and rights pertaining to resettlement and compensation (in kind and/or in cash);

(b) The precise technically and economically feasible options and alternatives for resettlement sites;

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(c) The process and proposed dates for resettlement and compensation;

(d) Effective compensation rates, at full replacement cost, for loss of assets, services or ancillary items; and

(e) The proposed measures and costs to maintain or improve their livelihoods and living standards.

Public consultations at the screening stage will aim at:

(a) Disseminating concepts for proposed project activities with a view to evoking project interest amongst the communities;

(b) Inviting contributions and participation on the selection of project and subproject sites;

(c) Determining community willingness to contribute towards long term maintenance of the project facilities.

During public consultation, there is a need to negotiate compensation and resolve conflicts and set up an institutional arrangement that will ensure continuous and harmonious public engagement and conflict resolution.

5.3 Template for the Design of Sub-Project RAPs

A RAP must contain a complete inventory of all assets to be acquired, for which a full census shall be undertaken to register and document the status of the potentially affected population within the project impact area, their assets, their tenure status, and their sources of livelihood. All forms of land occupancy (including informal title) should be inventoried. The asset inventory and census should determine the cut-off date for entitlement to relocation assistance or other benefits from the project. In accordance with the provisions of the RPF and the specific RAPs, all people moving into the project area after the cut-off date will not be entitled to any support. This should be clarified during consultations to the population.

A RAP will also contain a time-bound schedule for implementation. Compensation and assistance are to be based on the overall principle that people shall not suffer net losses as a result of the project.

The site specific RAPs for MOSAP II, if any, shall give a detailed guidance on how to implement the provisions in the RPF, including institutional arrangements and budgets, based on the numbers of PAPs with entitlements under the RPF. Participation and involvement of stakeholders, particularly women, the poor and most vulnerable groups throughout the project, both during the period of planning and implementation, shall be incorporated in the process.

The RAP will follow the usual outline (OP/BP 4.12, Annex A), appropriately modified in order to take into account those matters dealt with in this RPF. The scope and level of detail of the RAP will vary with the magnitude and complexity of resettlement.

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5.4 Approval and Public Disclosure of the site specific RAPs

Once the RAP has been prepared, it must be forwarded to the respective line institutions such as the Ministry of Environment. The Ministry of environment will send the RAP to relevant institutions for endorsement and recommendations. The World Bank will also endorse the RAP to ensure compliance with the Bank’s Operating Procedures. Once approved along with the other site specific ESIAs/ESMPs, the RAP, like the ESMF and RPF will also be disclosed publicly both in-country and at the InfoShop prior to implementation.

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6. Legal and Institutional FrameworkThe legal and institutional framework for resettlement actions in Angola is included in the legal instruments that are described in the following subchapters. As already indicated this is relatively a new subject in Angola which is directly dealt with by two main legal instruments, namely: (i) Decree n.º 1/01 – that approves norms on resettlement of displaced people; and (ii) Regulation 04/05 – on basic rules and principles related with the resettlement process resulting from public and private activities. The former was designed mainly to guide procedures related with the reconstruction process and life normalization for internally and externally displaced people following the end of the civil war. Thus, it is not always the most appropriate instrument to govern involuntary resettlement, which is intrinsically informed by a “rights based approach” as opposed to the humanitarian and relief approach entrenched in this decree. It is only the latter that has been designed to deal with involuntary resettlement as it is increasingly known worldwide. It is correct to say that the country is going through a transition phase from one type of resettlement to the other at the same time that it is in the process of formulating cohesive and consistent legal instruments to enlighten definitions and practices in this area.

The transition from one type of processes to the other proves to be a serious challenge that MOSAP II needs to take into consideration. While the country’s legal base to govern resettlement is maturing a combination of measures should be adopted including the use of the WB OP/BP 4.12 as well as examples of good practices from other countries and notably African country.

6.1. Angola Legislation

Angola does not have a comprehensive, written statement of its national land policy and accordingly it has no clear, overarching principles to guide land-related legislation and regulations, or to prioritize plans for economic growth and development with issues relating to land access, tenure security, land use, and land administration. The 2004 Land Law contains some expressions of policy, however, because the principles are housed within the legislation, they cannot guide the prioritization of those principles (and the attendant legislative terms) with relation to other legislation, such as laws designed to promote economic development, social welfare, and environmental sustainability. Indeed, even within the legislation itself, the provisions conflict with the articulated principles.

Land Law (2004)The Land Law reaches all rural and urban land to which the GoA can confer transferable rights to individuals and collective persons, which is limited to land within the GoA’s private domain. The general terms of the Land Law does not extend to public land that cannot be the subject of private land rights, such as land in public domain (e.g., public roads,

ports, national monuments) or reserved land (land reserved for national

security, environmental protection). (Art 29). The Land Law also does not

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extend to privately owned land, such as land owned by the Catholic Church and foreign embassies.

In relation to expropriation for reserves, holders of land rights affected by expropriations for reserves may select compensation for rights lost or participation in the reserve as a stockholder in mixed economy associations established for the activities on the reserve land.

As for the calculation of the value, the compensation paid for land expropriation for reserves shall be the fair value of the land as of the date of expropriation and cannot take into account the establishment of the reserve, and projects that were not completed on the land five years prior, and any improvements after notification of its status as a reserve.

Law of Territorial Planning and Urbanization, Lei 03/04, 25 June 2004 (Lei do Ordenamento do Território e do Urbanismo)This act governs both rural and urban land and requires territorial development plans at central, provincial, and municipal levels. The National Assembly is charged with approving high-level strategic plans. The provincial government officials develop their provincial level plans within the national framework. Municipal level plans (or city level management) plans follow from the provincial and are used for implementation. (Art 32).

Law Concerning Refutation of Administrative Decisions, 2/94 (14 January 1994)This law permits affected people to challenge government processes and exercises of authority, such as alleged arbitrary expropriations of land and urban evictions for land development.

2001 Decree Regarding Resettlement of Displaced PeopleAlso known as the Resettlement Law, which addresses resettlement of persons displaced by the conflict, acknowledges a right to housing, and provides for new government allocations of land (Article 14).

Decrees (Decreto-Lei) 17/99 and (Decreto) 27/00These decrees assign to the provincial government the control over development; plot demarcation, and registration through an Inspection and Control Office (Gabinete de Inspecção e Fiscalização) and planning and housing responsibilities through the Provincial Directorate for Public Works and Urbanism (Direcção Provincal de Obras Públicas e Urbanismo).

6.2. Relevant WB Operational Policies

As outlined in the Project Document and the ESMF for MOSAP II, the Project has triggered three of the World Bank’s 10+2 Safeguards Policies, namely, Environmental Assessment (OP/BP 4.01), Pest Management (OP 4.09), and Involuntary Resettlement (OP/BP 4.12). The Resettlement Policy Framework (RPF) will ensure that OP/BP 4.12 principles are embedded in project design and implementation.

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The World Bank has adopted the following policy objectives in relation to involuntary resettlement:

a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs;

b) Resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs; and

c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation; whichever is higher.

Under the WB definition a resettlement action may include (i) loss of land or physical structures on the land, including business, (ii) the physical movement, and (iii) the economic rehabilitation of project affected persons (PAPs) in order to improve (or at least restore) the levels of income or life prevailing before the action causing the resettlement has taken place”.

Where resettlement is unavoidable, the bank has provided the following guiding principles in order to achieve the above-mentioned objectives:

a) Preparation of a resettlement policy framework and resettlement action plan that ensures that displaced people are : Informed about their options and rights pertaining to

resettlement; Consulted on, offered choices among, and provided with

technically and economically feasible resettlement alternatives; Provided prompt and effective compensation at full replacement

cost for losses of assets attributable directly to the project;

Provided assistance (such as moving allowances) during relocation;

Provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors are at least equivalent to the advantages of the old site;

Offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living;

Provided with development assistance, in addition to compensation such as land preparation, credit facilities, training, or job opportunities; and

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Provided with an opportunity to resolve disputes through a grievance resolution mechanism.

The policy also advocates that:

Particular attention should be paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation;

Implementation of resettlement activities should be linked to the implementation of the investment component of the project to ensure that displacement or restriction of access does not occur before necessary measures for resettlement are in place. These measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the displaced persons;

Displaced persons and their communities, and any host communities receiving them, are timely provided with relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are established for these groups;

In new resettlement sites or host communities, infrastructure and public services are provided as necessary to improve, restore, or maintain accessibility and levels of service for the displaced persons and host communities. Alternative or similar resources are provided to compensate for the loss of access to community resources (such as fishing areas, grazing areas, fuel, or fodder); and

Patterns of community organization appropriate to the new circumstances are based on choices made by the displaced persons. To the extent possible, the existing social and cultural institutions of resettled people and any host communities are preserved and the preferences of the resettled people with respect to relocating in pre-existing communities and groups are honored.

According to the Operational Policy on Involuntary Resettlement (OP/BP 4.12) of the World Bank, the criteria for determining eligibility for compensation, resettlement and rehabilitation assistance measures for PAPs, shall be based on the following:

(a) Persons that have formal legal rights to land, including customary and traditional; and religious rights recognized under the laws of Angola. This class of people includes those holding leasehold land,

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freehold land and land held within the family or passed on through generations.

(b) Persons who do not have formal legal rights to land or assets at the time the census begins; but have a recognized claim to such land or assets through the national and customary laws of Angola. This class of people includes those that come from outside the country and have been given land by the local chief to settle, and/or to occupy in matrimonial society; and

(c) Persons who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood from. This class of people includes those that settle at a place on semi-permanent basis, or those settling at a place without any formal grant or authority.

PAPs classified under paragraph (a) and (b) shall be provided compensation, resettlement and rehabilitation assistance for the land, building or fixed assets on the land and buildings taken by MOSAPII. The compensation shall be in accordance with the provisions of this RPF and if PAPs occupied the project area prior to the cut-off date (date of commencement of the Census).

Persons covered under sub-paragraph (c) above are to be provided with resettlement assistance in lieu of compensation for the land they occupy. In addition, they have to be given the necessary assistance to satisfy the provisions set out in this RPF, if they occupy the project area prior to the established cut-off date.

All persons in the three sub-paragraphs above are to be provided with compensation for loss of assets over and above the land. Consequently, this RPF advocates for some kind of assistance to all PAPs, including squatters or other persons living on land earmarked for the MOSAPII, irrespective of whether they have formal titles, legal rights or not. However, all persons who encroach on the project areas after the cut-off date will not be entitled to any compensation or any assistance.

Communities including districts, towns, wards and villages permanently losing land, resources and/or access to assets shall be eligible for compensation. Compensation to communities will include public toilets, market places, schools, water points, access roads and health posts or other appropriate compensation chosen by the community. Compensation measures shall ensure that pre-resettlement socio-economic status of the communities are restored or improved.

The World Bank’s Policy requires that a RAP shall be prepared and cleared by the Bank prior to implementing resettlement activities. The Bank also requires that the provision of compensation and other assistance to PAPs (to restore livelihoods when these are affected appreciably) shall be done prior to their displacement. In particular, the policy requires that possession of land for project activities may take place only after compensation has been paid. Resettlement sites, new homes and related infrastructure, public services and moving allowances must be provided to the PAPs in accordance with the provisions of the RAP.

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6.3. Gaps between Angola legislation and WB’s principles

The development of resettlement legislation in Angola has been going hand in hand with the country´s development phases, namely:

(i) after independence in 1975 until peace settlement in 2002 the development process was marked by urban growth (internal migrations), development of informal settlements and unplanned occupation of land. During this phase not much attention was given to the issue of resettlement. Practically this was seen as not an issue per se;

(ii) the second phase went from 2002 to 2004 and was strongly influenced by the resettlement of people displaced internally and externally by the war. This phase saw the enactment of Decree n.º 1/01 – containing resettlement norms for displaced people, which, as said, embraced a more humanitarian approach to the process as opposed to the “rights based”;

(iii) the third phase went from around 2010 and is ongoing. This phase is associated with a host of interventions related with (i) “urban requalification” e.g. of important and well known informal settlements such as Cazenga, Sambizanga, (ii) “poverty alleviation programs” such as the housing development in 167 municipalities and (iii) “development and implementation of housing policies”, associated with the establishment of land reserves, new centralities, etc. that at times translate into significant needs of resettling large numbers of people and their assets.

It follows that the existing legislation in Angola covers land acquisition, compensation and resettlement procedures providing some legal and operational means for the preparation and implementation of the RPF. Nevertheless the need to increase coherence and integration of the existing legislation that spreads out over different legal documents and Acts should be stressed. This dispersion makes it difficult to undertake an integrated management of all aspects related with the RPF and specific RAPs.

Also relevant for the purpose of the RPF implementation is the fact that land laws in Angola make no policy statements regarding the rights of women and other marginalized populations and no statement of non-discrimination in land access and the regularization of informal land occupation.

Gaps in national legislation can and are usually resolved through the legal principle that stipulates that international and regional conventions and protocols to which the state of Angola is signatory can also be used to enlighten internal processes. In the specific case o MOSAP II, in addition to the adoption of OP/BP 4.12 principles of guidelines by virtue of the nature and characteristics of the projects it is recommended that national laws and experiences and those of other countries and particularly African countries that are part of “good practices” be considered to fill existing theoretical and practical gaps.

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There are a number of gaps between the Angolan system and the World Bank’s policy on involuntary resettlement (OP4.12). Under OP 4.12, for example, squatters must be compensated for improvements they have made to the land they are using (structures, crops). Also, under OP 4.12 “all affected property should be compensated for at full replacement value – including all input (materials, labor, seeds, seedlings, agricultural chemicals, etc.) and all transaction costs, and there should be no discounts for depreciation, salvaging (i.e. crops or building materials), or any other resettlement assistance provided”, whereas under the national system age and other aspects (e.g. salvaged materials) are factors to determine the level of compensation. In all instances where there are discrepancies between OP 4.12 and the Angola system, the standard of OP 4.12 shall be applied in the project.

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7. RAP Preparation, Review, Approval and Public Consultation

7.1. RAP Development, Approval and Public Consultation Process

The Project Affected Persons (PAP ) are entitled to different forms of compensation for their losses with the aim of improving or at least restoring the living standards that they had before the need for resettlement became a reality.

A base line including census should be developed for each site identifying the main impacts on PAPs, their assets and determining the cut-off date. Screening activities should involve local offices, local leaders and other relevant stakeholders.

Once the certainty of land taking is confirmed under a subproject, both the results of the socioeconomic surveys and asset inventories and respective verification will be used to communicate to local people that any land occupation within the Corridor of Impact (COI) done after the date of inventory and verification/confirmation will not be eligible for consideration under Project RAPs.

The RAP will include details of the socioeconomic survey and the census of affected persons and property, in line with this RPF. The prepared RAP shall also include an implementation plan including a clarification of the entitlement matrix taking into account that each category of PAP will be affected in a different way and consequently be entitled to different forms of livelihood restoration. In line with both the GOA and WB policies and regulations each category of assets will be compensated in a certain way.

MOSAPII shall forward the RAPs, together with any modified designs, to the respective line institutions and relevant stakeholders who together with the Province Commissioners and their teams at the local level, shall scrutinize them to ensure compliance with the applicable by-laws and sectoral requirements. WB will also assess and approve the RAPs.

After scrutiny at the Province/local level, the RAPs shall be submitted by the Province Commissioner to the correspondent ministry/province government, to check and approve them, focusing on PAPs details, property assessment and compensation packages.

Consultation should be part of the whole cycle of RAP development, since the screening stage and involving the local communities and the affected persons. In particular, the affected persons must be informed about the intentions to use the earmarked sites for the project activities, facilities and structures. The affected persons should be provided with information on:

All possible options and rights pertaining to resettlement and compensation;

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Feasible technical and economic options and alternatives for resettlement sites;

Expected dates and format for resettlement and compensation actions;

Effective compensation rates, at full replacement cost, for loss of assets and services; and

All available and feasible measures and costs to maintain or improve their livelihoods and living standards.

During the RAP development, not only particular attention should be given to the timetable for the planning and implementation of the resettlement in relation to the timing of the approval and implementation of sub-projects, but also public consultations and participation must be promoted allowing PAPs the opportunity to raise their concerns or to comment on the new resettlement sites, their locations and the services to be provided in the new areas for resettlement and to ensure all required negotiations of compensation and conflicts’ resolution.

7.2. RAP structure and contents

The RAPs must contain detailed inventories of all assets to be acquired, for which a full census shall be undertaken to register and document the status of the potentially affected population within the project impact areas, their assets, their tenure status, and their sources of livelihood. All forms of land occupancy (including informal title) should be inventoried. The asset inventory and census should determine the cut-off date for entitlement to relocation assistance or other benefits from the project.

The RAPs will also contain a time-bound schedule of implementation. Compensation and assistance are to be based on the overall principle that people shall not suffer net losses as a result of the project. Annex 2 provides guidelines for the development of RAPs.

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8. Eligibility DeterminationPeople formally recognized as PAP or PAH at the cut-off date if living, farming or making a living within the areas to be acquired for the project at the cut-off date will be considered eligible.

Based on the census and surveys, PAPs and PAHs will be categorized according with the nature and type of affection. Usual types of categories for PAPs and PAHs are:

Persons or affected households (PAP or PAHs) whose agricultural, residential, or commercial land is in part or in total affected (temporarily/permanently);

PAPs or PAHs whose houses and other structures are in part or in total affected (temporarily/permanently);

PAPs or PAHs whose businesses or source of income (i.e. employment) are affected (temporarily/permanently);

PAPs or PAHs whose crops (annual/perennial) and trees are affected by the Project;

Other PAHs/PAPs.

The RAPs will develop a detailed inventory of categories of impacts induced by the project, people affected and compensation measures. Annex 1 provides an Entitlement Matrix for the different expected categories and PAPs.

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9. Implementation of consultation processMOSAPII will be implemented in compliance with WB’s safeguard policies and international best practices. This means that before supporting any intervention that might affect the land access and use rights of communities, it will be ensured that affected people have been informed and consulted through participatory and inclusive consultations based on full disclosure of the intent and scope of the activities planned and their implications.

The RAPs should be developed before starting the physical implementation of the specific sub-projects and should be based on detailed information at the exact project sites, nature and extension of interventions and the involved communities.

10. Valuation of and compensation for losses for livelihoods restoration and improvementsMethodologies for calculating compensation should be applied consistently to all people affected by the project in order to protect the Project developer from unjustified and exaggerated claims. This is an area usually open to dissent and disagreements and should be tackled with care and much objectivity as possible. In a reality like Angola where legal provisions governing this particular aspect are spread over a multitude of instruments precaution and transparency should take center stage.

Depending on the nature and sector of intervention different Ministries at Provincial level, will provide technical support to assessment of valuation and compensation for the loss of land and assets. Assessment procedures and methods are included in several laws such as the Law 3/04 (Land Planning) and Law 09/04 (Law of Land).

Different institutions and procedures are used for each of the types of assets affected.

For the physical assets and depending on the affected assets, the Ministry of Agriculture and/or the Ministry of Building at provincial level and Housing carry out the valuation after identification of the owners in close consultation with local formal and informal authorities and existing documentation.

Compensation shall be done at market rates and real replacement cost without depreciation for age. In the valuation of buildings and bare lands several components are taken into account: construction materials used, area covered, and location of building or property. Benchmark analysis with similar properties is made in order to reach a fairly and adequate compensation amount, noting however that age of the structure and/or PAP’s ability to salvage parts of their lost assets shall not be factors in determining the level of compensation, as compensation will be made at replacement cost without depreciation.

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For land compensations local leaders assist PAPs to locate alternative land for resettlement (in cases of customary land) in consultation with District commissioners; and the Ministry of land Administration and/or the Municipal administration assists PAPs to locate land for resettlement in case of public land.

For the valuation of affected crops the type of crop is considered, the yield level (high, medium or low yield variety), the expected yield and the produce unit price. The total compensation value is arrived at, by multiplying the yield (e.g. Kg/Ha) with the pre-determined produce unit price (Kwanza/Kg.) and the area of land (Ha). Usually it is given a period for harvesting the annual crops or a payment that changes from Kwanza 2,00 to 10,00; nevertheless, to ensure communities are given better conditions, the valuation will be based on the current/actual market value, whichever is greater.

Compensation values for trees (fruit, indigenous and exotic) are based on the type (species) of tree, measured diameter at breast-height (1.3 m) and “market price” in Kwanza per cubic meter or per unit I the vase of fruit trees. The schedules are compiled with the assistance from the Ministry of Agriculture and Food Security (for field crops and fruit/plantation trees) and the Forestry Department (for forest trees, indigenous and planted tree species).

All compensation agreements should be recorded and signed with local witnesses including the signed verification of the local authorities. Copies of these documents should be kept by the affected family and MOSAP II management for a period not shorter than five years.

10.1 Compensation approachIn line with the entitlement matrix the different PAPs under MOSAP II PAPs will receive the following forms of compensation for their lost assets:Loss of land through permanent land acquisition: PAPs under this category will be compensated for lost crops and provision of equivalent land within close reach of each PAP’s residential area and assistance for livelihood restoration.

Loss of other domestic structures: Cash compensation at full replacement cost based on replacement value (no discount for depreciation). Where possible or required, replacement and/or assisted substitution of what will be affected within the boundaries of existing homestead. Building materials may be salvaged from old structures without discount in the compensation value. Cash payment for replacement cost as disturbance allowance. Targeted consultation/monitoring to ensure livelihoods are adequately sustained/restored, money is properly used and vulnerability is not worsened.

Loss of commercial enterprises (i.e. formal and/or informal kiosks, vending stalls, etc. located in the Corridor of Impact): Cash compensation at full replacement cost (no discount for depreciation) for

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owners expressing such preference. Replaced structures to be located within the boundaries of existing property and where not possible for replaced structures to be located within boundaries of existing property, suitable resettlement land to be identified and prepared within municipality/commune boundaries and as close as possible to current location of the infrastructures. Lump sum allowance to cover removal/relocation costs. Cash payment for replacement cost as disturbance allowance plus cash payment for loss of earnings. Assistance in obtaining any required legal registration and documentation at new site (licensing, etc.). Targeted resettlement/moving assistance and other measures and targeted consultation/monitoring to ensure livelihoods are adequately sustained/restored and vulnerability is not worsened.

Loss of crops: Cash compensation for 1 season of crops based on average value of principal crops grown on affected land (area lost x yield) and average prices over last 2-5 years’ production, with no discounts for input costs (seeds, chemicals, labor, etc.) or salvaging from current crop. Targeted consultation/monitoring to ensure livelihoods are sustained/ restored and that vulnerability is not worsened.

Loss of economic trees by private owners: Cash compensation for replacement seedlings/samplings plus cash compensation for value of lost production (based on average yield, age and remaining productive years of tree). Targeted consultation/monitoring to ensure livelihoods are sustained/restored and that vulnerability is not worsened.

Loss of non-economic Trees by private owners: Cash compensation for replacement seedlings/samplings. Targeted consultation/monitoring to ensure livelihoods are sustained/restored and that vulnerability is not worsened.

Loss/relocation of public infrastructure (power lines, telegraph poles, fiber-optic telecommunications cables, water valve boxes, road signage, post boxes, etc.): Project Managers in the three provinces will coordinate with relevant Government/public institutions to devise the best ways of replacing public infrastructures. Efforts will be made to avoid having to remove these infrastructures, with measures that include the adoption of specific technologies (i.e. intensive labor in some sections to open trenches), expanding the corridor of impact, where feasible.

Disturbance Allowance: Cash compensation for cover unexpected costs during PAPs relocation, that can be calculated as 10% of main asset lost by each PAP.

At the center of compensation lies the provision of the means to each of the affected households and other entities in order for them to restore their lost assets. The value of the replacement should correspond to the market value of the affected assets. The ultimate objective of all actions will be to ensure that households and institutions affected by subprojects improve their living standards or that at least they maintain the living standards that prevailed before project commencement.

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The following should form the backbone of all the actions that will have to be considered to conduct the compensation process:

Compensation should be done and completed for all assets before the beginning of any works;

Using the RAP database and the agreed compensation values, where these were concluded, payment should start as soon as possible (within the first weeks into RAP implementation);

Where applicable (for the households that may opt for the replacement of their affected assets) provide assistance to rebuild affected infrastructures;

Ensure that the fixed vending stalls and kiosks and other important businesses are compensated/substituted/relocated in such a way that there is no disruption of local markets and everyday life of the affected communities;

All the households that will lose land for cultivation need to be assisted by the provinces, municipalities and communes in collaboration with local authorities to timely identify and carry out basic preparation of the new land areas (clearing, demarcation, water supply facilities, etc.);

All the affected households need to be timely informed about the overall project schedule and particularly the various milestones with direct implications in their livelihoods. Among other aspects, this should focus on providing relevant information and other practical directions to all the PAPs.

All the compensation measures described above are summarized in Annex 1 of this document (Entitlement Matrix) for ease of use indifferent stages of the resettlement process by different project agents.

Important Issues and Suggestion:It will be fundamental to work towards the creation of awareness towards the need for the households who will receive compensation money to use it for the purpose that it is designed for. Provincial authorities in close collaboration with the municipalities/communes and grassroots organizations and authorities have to embark on targeted education/information campaigns to sensitize PAPs and particularly women about the importance of adequate use of resources. Experience shows it is not uncommon for certain beneficiaries to use that money for other purposes that may not necessarily add value to the family and community life (e.g. alcohol and other negative practices) and consequently impoverish the families and the communities. At the household level it will be important to involve women in the management of all resettlement aspects and not only men.Where PAPs are qualified to work competently Contractors to be engaged under the project and particularly RPF/RAP implementation should be encouraged to give them temporary and/or permanent jobs. Whenever appropriate jobs should be given to women. Limited training should also be considered to increase the chances of employing local people as long as this does not translate into significantly elevated costs for the project.

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11. Resettlement Measures

11.1. Site Selection, Site Preparation and Relocation

The RAPs development will include detailed census and surveys ensuring participation and engagement of community leaders during which discussions will be held to identify and agree on available replacement sites both for residential, farming and other socio-economic activities.

Relocation should only start prior to the formal implementation of the projects and official procedures established ensuring involvement of relevant stakeholders. This will help to avoid unnecessary social unrest and any disturbances of existing livelihood situation.

Also the compensation measures for land, trees, structures and any other activity will be established based on the surveys and census and ensuring the opportunity to choose (in cash, in kind, etc.) and entitlement matrix applicable to the project.

11.2. Integration with host population

At this stage no cases of host communities to be considered for resettlement were identified for MOSAPII. This should be confirmed during the final design phase of each sub-project.

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12. Community Preparation and Public Consultations In line with RAP principles and guidelines community consultation and participation should be at the centre of the entire process as a way of providing an opportunity for all relevant stakeholders and particularly affected households and communities to get informed about the project. The process is also designed to instil a sense of ownership for the project and to provide an opportunity for all concerned parties to present their views and interests and expand options for dealing with sensitive matters.

The very rationale of this project is indeed to mainstream and scale up the positive results gathered under MOSAP, especially by reaching out to new pilot municipalities, communities and individuals who through the project activities ambition to boost their productivity level and access to various others opportunities such as markets and other government available agricultural services. Such an undertaking calls for better communication through inclusive public consultation and participation.

Field investigations and public consultations were conducted and key stakeholders consulted included central government officers in Luanda, officials from the provinces, districts and communities as well as persons who would be affected either positively or negatively by the project.

During the design of MOSAPII, several workshops and public sessions were organized in the three Provinces where the MOSAPII will be implemented gathering public departments, NGOs, communities’ representatives, farmer associations, research institutions and public in general. These sessions were used to promote the project and explain the main objectives and areas/sectors of intervention as well as to collect opinions, suggestion and informal data on social concerns. Also best practices and lessons learned from previous initiatives such as MOSAP I were amply shared and used for discussing social principles and practices to be implemented during the implementation of MOSAP II. Annex III provides an example of a Public Consultation Session and attending list.

Throughout the design of this project and the preparation of its safeguard instruments, particularly the RPF, extensive consultation workshops were held in Luanda (central level) and in the beneficiary provinces and districts. Beneficiaries were given full presentation of the project, and were able to provide invaluable feedback and contribution that influenced the design of the project and the way the safeguards instruments were prepared. Issues of gender inclusion and youth participation were also discussed at length, as the Government intends to strengthen its youth strategy in the Agriculture sector. The choice of commodities per province (i.e. maize, cassava, beans, potatoes, and vegetables) as well as the emphasis of encouraging the usage of locally developed natural fertilizers and pesticides in respect to the environment based on locally grounded knowledge is another tangible proof of how local communities ideas, preferences and knowledge were effectively captured in the design of project activities.

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Moreover, the project has put a great emphasis on public consultation and participation. This RPF as well as others project safeguards instruments, prior to appraisal and during project implementation will be amply consulted upon and publicly disclosed both in-country, through various media channels and means of communication, with extensive usage of local languages to ensure communities understanding and buy-ins, as well as at the WBG InfoShop. Overall, these series of public/stakeholders consultations encouraged more ownership built-in behavior towards the project, which communities welcomed highly, especially learning from positive outcomes under MOSAP I. Such an ownership is foreseen to foster more social accountability, both of which are expected to ultimately pave the road to more sustainability of the project activities.

Since Public Consultation and Participation is an iterative process this process will be continued throughout the project lifespan. More specifically, permanent and systematic public consultation and participation should be ensured during the development and implementation of site specific RAP, EIA and ESMP’s. This consultation and participation will include PAPs, but also community leaders, NGOs, and any other relevant stakeholders, such as host communities.

Also, special efforts must be made to include all vulnerable groups in the consultation process (such as women, youth, etc.). During census survey initial consultations will be held with the PAPs and other stakeholders.

Further consultations will be undertaken to ensure that information on the overall resettlement plan, implementation schedule, eligibility and entitlements are properly understood and accepted by the affected communities.

In order to empower the communities and the affected households, the communication systems to be adopted should embrace the “rights base approach”. NGOs and other entities with experience in this area should be engaged to promote it.

Communication should be conducted in different ways and using different methods as found fit for each case and circumstance, such as:

General meetings with groups of affected people; Focus group discussions involving mainly women, men, the youth,

business people, localleaders, etc.Each and every meeting should be properly documented. The minutes of such meetings should, among other aspects, contain:

(i) Date(ii) Venue

a. Province/Municipalityb. Communec. Village/Bairro

(iii) Summary of the main issues presented during the meeting(iv) Summary of the main issues presented by the participants

(Obs. all the concerns and interests should be recorded)

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(v) List of participants including the names and position of the organizers as well as contact details of all who attended the meeting.

Meetings should be conducted in both languages, Portuguese and local languages.

Other means of communication should also be used to disseminate information and all different kinds of instructions to affected people. These should include but not be limited to:

Radio – national, provincial and community Television – national, provincial and community Newspapers and news bulletins – national, provincial and

community Leaflets Letters Word of mouth Etc.

Communication material produced specifically to foster RAP interests should be circulated in Portuguese.

In the process note should also be taken of the fact that at times corruption hampers service delivery and accountability. This is further compounded by weak demand at community level, where vulnerability, dependency, cultural constraints and low levels of social capital, prevent poor people and their representatives from demanding their basic rights.

The involvement of external organizations with a strong track record of addressing the above-mentioned issues is recommended. Ccapacity building should be at the forefront of the entire process. Local people and their organizations need to be empowered to know and understand their rights and be provided with adequate communication channels to foster their legitimate interests.

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13. Grievances Redress MechanismAlthough the existing legislation provides grievance mechanisms through the formal justice system, the practice shows that this usually results in a costly and long duration in time process. In order to avoid theses constraints but not excluding them as a last resource, MOSAPII will provide complaints and grievance mechanisms following a two level stage: a) objections and, b) consensus, negotiation and conflict resolution.

Objections – all PAPS will have the chance to express their disagreement during the development of resettlement plans and compensation contracts preparation. In order to ensure impartiality a local committee will be established with the aim of receiving all grievances. This committee will comprise local authorities and traditional leaders. The committee will keep records of grievances and complaints with minutes of discussions, recommendations and decisions achieved. The RAPs will establish detailed mechanisms for the grievance and complaint process, describing format, language, time for reply, and alternative resources, including access to Courts of Law as a last resort after exhausting all the viable peaceful local alternatives/options.

Consensus, negotiation and conflict resolution – permanent and open dialogue is the most suitable way of peacefully addressing any grievance expressed by PAPs. MOSAPII shall promote dialogue between the parties involved in order to achieve consensus, a dialogue grounded on local culture, which PAPs are mostly familiar with. However during consensus, negotiation and conflict resolution it should be clear to whom and when all communications and decisions should be addressed.

The RAPs will include a list of steps to assist in the grievance redress procedure detailing a chronogram and responsibilities for all steps/actions. The Grievance Redress Mechanism to be followed under the Project will adhere to the following general aspects:

Registering and addressing grievances; Mechanisms for appeal; Provisions for approaching civil courts if other options fail.

The following stages and procedures are suggested for the process:

Stage 0:Potential PAP grievance documented in the appropriate form to be provided by Project Implementation Units; if during the process it appears that the PAP did not understand the entitlement, this can be explained. The Project Management should not discourage the filling of a grievance. The grievance will be captured in the Grievance/Issues Register.

Step 1:

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Depending on the nature and characteristics of the issue at stake the Resettlement Committee (RC) makes first judgment to accept or reject a grievance. If accepted the RC recommends a final solution.

Step 2:If the aggrieved person is not satisfied with Stage 1 decision he/she shall forward the case to the Comune Head with a preliminary report prepared by Project Implementation Entity. The report should contain the details of the grievance and hearing date and decision of the resettlement committee.

Step 3:If the PAP is still dissatisfied with the decision taken after Stage 2, he/she shall forward the case to Technical Committee for Monitoring and Supervision of Resettlement. The grievance shall be forwarded with all the documented details of the case to date. Step 4It is assumed that all cases shall be solved at Technical Committee for Monitoring and Supervision of Resettlement level. However, there are cases that may remain unresolved. For such cases, the PAP shall have the option to refer his/her case to the /Mayor of the Municipality for final amicable solution. Step 5If no amicable solution is reached in Step 4 the PAP will have recourse to the Municipal courts as a last resort.

This is a stage that although should always be made available. It should be discouraged by all positive means such as timely communication and open negotiation. The institutional arrangement and the principles of community consultation and participation that are intrinsic to the RAP are designed to allow for the process to detect and deal with the problems in a timely and satisfactory manner for all parties concerned.

It is strongly advised that all measures be put in place to ensure that solutions are reached by consensus based on negotiation and agreement.

Detailed procedures to redress grievances and appeal process should be disseminated among PAPs who should be empowered to use them as they find it fit. The empowerment process described in previous chapters should, among other aspects, focus on these procedures. The procedures should be disseminated during all phases of the RAP.

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14. Environmental Protection and ManagementAs part of the identification and effective management of potential environmental and social impacts of the MOSAPII, several environmental and social management tools should be considered, including (i) Strategic Environmental and Social Assessment (SESA) (ii) Environment and Social Management Framework and (iii) Resettlement Policy Framework. Some of these environmental and social instruments should be prepared in accordance with international best practices as well as the WB safeguards and GoA requirements.

The MOSAPII developed an ESMF outlining the major environmental and social considerations and providing practical guidance for these environmental and social instruments for the management of potential environmental and social issues associated with future sub-projects under the MOSAPII.

The Environmental and Social Management Framework (ESMF) was prepared as part of the design of MOSAPII aiming to address all relevant environmental and social safeguards aiming the following objectives:

Identification and establishment of procedures and methodologies for the environmental and social assessment, review, approval and implementation of investments to be financed under the project;

Specification of roles and responsibilities, and outlining the necessary reporting procedures, for managing and monitoring environmental and social concerns related to project investments;

Identification of necessary training, capacity building and technical assistance to ensure the implementation of the ESMF provisions;

Provision of information resources for implementing the ESMF.

The RAPs and ESMPs will consider the principles and orientations provided under the RPF and the ESMF ensuring a smooth integration of environmental and social issues.

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15. Organizational ResponsibilitiesThrough the PIU, ADI as implementation agency will have the responsibility for coordinating and monitoring the development and implementation of the RAP, following the guidelines provided in the RPF. The RAP development and implementation will ensure the participation and engagement of all institutions and relevant stakeholders at Central and Province/Local levels.

Through the Province/Local office representatives it will be ensured that the RPF and RAPs are publicly disseminated as well as that project staff will receive adequate training and capacity to implement all RAP activities. Province/local officers will be also responsible for linking with local leaders and other relevant authorities.

During census, surveys and any other requires studies, local officers will provide assistance and/or take responsibility in the development of inventories and information to support the determination of compensation amounts and during respective delivery. The RAP will include a time frame that will be known by the PAPs and all other relevant stakeholders.

Data resulting from the census and inventories will integrate the RAP and will be approved before the start of any physical intervention. Any proposed compensation and/or resettlement activities will be dependent on the approval of the RAP by the PAPs and WB, and RAP will also include measures to ensure and monitor that all payments and other compensation measures are complete before their starting date.

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16. Capacity BuildingUnlike under MOSAP, under MOSAP II, the Government ambitions to strengthen its capacity, particularly through staff, technical assistance and trainings (in-situ and abroad) paid by the project.

A series of regional training workshops will be organized for all actors involved in the implementation of social and environmental safeguards policies upon project effectiveness. More specifically, to adequately help implement this RPF and other safeguards instruments, a small 2-men safeguards unit will be establish at the central level (PIU) comprised of a Social Safeguards Specialist (SSS) who will also be looking at gender and social inclusion aspects; and an Environmental Safeguards Specialist (ESS) also in charge of natural resources management issues.

These two Social and Environmental Safeguards Specialists (SESS) will then be assisted at each provincial level by a Social and Environmental Safeguards Focal Point (SESFP) who will be overseeing the implementation and compliance on safeguards policies. The PIU SESSs will be initially trained by the WBG Social and Environmental safeguards specialists; and whenever required, a one-on-one additional will also be organized to deepen their technical grasp of WBG social and environmental safeguards policies and standards. Together with the provincial SESFPs, they will be working closely with WBG Social and Environmental Safeguards Specialists, and be responsible for undertaking, and monitoring the social and environmental screening of subprojects, the preparation of sites specific TORs for the preparation and review of related safeguards instruments, namely RAP, ESMP/ESIA, etc.; monitor the usage and implementation of social and environmental clauses embedded in contractors’ contracts. In addition to providing specific capacity building modules to the provincial SESFPs and beneficiary communities, the PIU SESSSs will be responsible for collecting and reporting to the PIU coordinator and WBG social and environmental safeguards policies of the level of compliance on social and environmental safeguards policies (more details will be offered in their specific TORs separately). Funds will be provided under the project to hire social and environmental safeguards specialists, for training and technical assistance, and studies as required. Budget funds are also anticipated to cover preparation and implementation of site specific safeguards instruments (i.e. ESMPs and RAPs), as needed.

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17. Costs and BudgetAt the current stage of the design of the MOSAPII, although characteristics (nature, types and scope/magnitude) and physical footprint of project activities are unknown, the likely estimates of costs for the resettlement actions could be approximately $450,000. Though an estimate of less than 200 persons could be affected, the total number of people and assets to be affected will be better determined after the development of the technical designs and identification of land needs for each site.

The RAPs should prepare and propose a final budget based on exact number of PAPs and costs estimation, ensuring financial resources to cover the planning, preparation, implementation and monitoring of all proposed social safeguard measures. As stated above, training and capacity building on implementation of RAPs should also be considered and budgeted. Below we propose a general budget for the RPF training, capacity building and monitoring and evaluation activities.

The budget estimation to be indicated by the RAP should reflect the results of discussion and revision with relevant stakeholders during census and asset inventory phase as these will be the appropriate moments when the effective resettlement actions will be defined. The costs of compensations should also take in consideration the existing gaps between the National legislation and WB’s procedures and guidelines.

For the general implementation of the RPF, including the preparation of possible site specific RAPs it is required a budget to cover two major types of action: a) capacity building and training and; b) monitoring and evaluation RFP implementation. The capacity building and training aims to target officers and project staff members in implementing the RAPs while a general monitoring and evaluation of RPF’s implementation will be developed as part of the general coordination and management of the MOSAPII.

Table 2: General budget for RPF

Activities Schedule Estimated cost (USD)Preparation of site specific RAPs & Disclosure

TBD $120,000

Compensation/Livelihood restoration

TBD $250,000

––

Capacity building and training 2016 – 2018 $ 36,000Monitoring and evaluation the RPF implementation

2016 – 2019 $ 44,000

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TOTAL $450,000

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18. Monitoring, evaluation and reportingThe RAP should include measures for monitoring and evaluating (M&E) performance and compliance of RAP’s activities covering positive and adverse impacts and related mitigation and/or compensation actions. Reporting will follow the general report chronogram of the project. A final completion audit report shall be prepared by an external entity, complementing the regular M&E ensuring an independent verification of RAP’s implementation.

A participatory monitoring and evaluation process will be fundamental during the course of Project implementation. This process should be conducted in such a way as to enable all interested parties and particularly the beneficiary households and communities to get involved in all aspects of planning, monitoring and evaluation. The process should be as simply as possible to enable all stakeholders to regularly reflect on progress at each stage and identify what needs to be done to ensure that the Project interventions benefit all and do not impact negatively on the lives of directly affected people and other people along the directly affected areas.

Monitoring and Evaluation (M&E) is an essential part of RAP implementation in order to measure actual performance against what was planned according to a number of selected indicators – in terms of outputs and outcomes and particularly in relation to livelihoods and living standards of project affected people.

The following aspects of M&E will be important: RAP Performance Indicators; Internal performance monitoring process; Feedback from internal monitoring to implementation; External Monitoring; Final External Evaluation.

RAP Performance Indicators

RAP Performance Indicators will be derived from the socioeconomic baseline survey and will form the basis on which RAP performance will be measured; any changes in indicators (qualitative or quantitative) will be assessed to identify the extent to which these changes have been caused by resettlement or come as a result of other factors. In many cases the link is direct and obvious (such as in number of people who opt for replacement housing rather than cash compensation or number of people provided with livelihood restoration training). Changes in other cases (such as changes in income or educational levels or aspirations of women) may require further investigation to attribute causality.

Specific forms/tables will be prepared for each RAP/subproject setting out a number of indicators against which RAP performance can be monitored and assessed – for the purposes both of internal and external monitoring.

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The results of the socioeconomic surveys that will have led to the formulation of the RAP will be used as baseline indicators to objectively measure progress as the implementation of RAPs evolves. The findings of different RAPs on the number of households and people that will have to be compensated and will have their affected assets substituted, as well as the principles to be followed and the quality of livelihood restoration will form the basis of the entire process.

Internal Monitoring

Quantitative analyses will use the database containing information on each and every family that will have been prepared as part of each RAP. The database or just parts of it will continue to be used throughout implementation to regularly generate reports on progress made by each household and the each RAP in terms of:

Assets status, occupation and living conditions and supervision of implementation of compensation and substitution as agreed upon with the affected households;

Monitor whether the implementation of all aspects is progressing as provided in each RAP and/or its updated version;

Monitor the timely and sufficient disbursement of funds; Investigate and assess each case of complaint and grievance; Monitor and assess the quality of life restoration and progress

towards poverty alleviation and improvement of living standards.

Qualitative analyses will draw from community level review/reflection on progress, matters arising and identification of issues to be dealt with as times progresses. Selected people at community level will take and prepare minutes during community meetings and these will be used by project management to carry out relevant actions. Forms and templates for preparing these reports should be prepared by the Consultant and TA in general, under Project Managers’ supervision. People should receive training to make their adequate use.

The RAP/Project Implementation Entity as well as PCU and other interested parties (e.g. commune and municipal authorities) will monitor project activities through visits to selected project sites using performance review checklists. Checklists will also be developed. Corrective actions will be taken immediately as soon as deviations are identified.

The above-mentioned institutions will prepare regular status quo reports using a reporting format agreed upon and performance indicators. The annual report will feed into an annual review by presenting achievements, lessons learnt and recommendations.

External Monitoring and Evaluation

Besides evaluating the regular reports (e.g. quarterly) produced by internal monitors and conduct the same king of investigation assigned to internal monitoring, the external monitoring agency will be responsible for the following:

54

Evaluation of inventory survey Evaluation of socio-economic project impact on the PAPs Supervision of the implementation of the RAPs to achieve the

objectives and in particular "to improve or at least maintain the incomes and living conditions of the PAP after the resettlement/compensation

A final participatory evaluation will be conducted three months before the end of each RAP to measure outcomes and impacts. This will be done by an external team specifically hired to conduct this final evaluation process, which will focus on:

Evaluation of inventory survey Evaluation of socioeconomic impact of the RAP Ascertain the extent to which the principles stated in each RAP

have been fulfilled particularly in what concerns “improvement of living standards of the affected people or at least restoration of living standards to pre-project time”

In short monitoring and evaluation will be continuous and will focus on short and medium/long term objectives of the RAPs.

19. Public Consultations and ParticipationPublic consultation and participation are key components of the development and implementation of the environmental and social management and arrangements of MOSAP II and in particular in respect with the Resettlement measures. These activities are developed under the existing Angolan legislation, international best practices and in line with the WBG safeguards and disclosure policies. Concerning disclosure, principles, exceptions, routine and request driven are common elements. Disclosure of documents should be made available (including summaries of the project and environmental assessment) in local language, at public places and accessible to project–affected people and all local relevant stakeholders. The MINAGRI/ADI as borrower representatives are responsible for the in-country disclosure while the WBG is responsible for disclosure in the InfoShop.

The development of the RPF3 (as well as the ESMF & IPMP) benefited from extensive consultations and participation sessions organized during the project identification and planning stage as well as from other contacts and previous visits to the sites where MOSAP is being implemented. Inputs were received from the provincial implementation units of MOSAP, including coordinators, technicians and officers as well as from the design team of MOSAP II, including heads of offices and technicians from IDA, EDAs, FAO and the WB. Focus group meetings with women, farmers’ associations, individuals who own farms, agricultural cooperative unions were also conducted during different field trips

3 The RPF and ESMF were developed in paralell and simultaneously allowing to benefit from the same field visits, consultations and participation events.

55

carried out while preparing the ESMF, RPF and IPMP). Visits to Bié Province communities that are participating in the MOSAP as well as to new sites identified and selected for MOSAP II (Chinguar, Canguli, Andulo, Kunje, Chindondo, Calussinga) provided the chance to meet and discuss with individual farmers, associations and community leaders (community, municipal and provincial administration and traditional/informal leaders), suppliers and market structures and responsible people (Chinguar PAPAGRO, supermarkets machinery, seeds and inputs suppliers).

During the final stage of the development of the RPF, a robust draft version of the document was turned available, during 3 weeks, for public consultation at the MOSAP Province offices. Although this consultation didn’t reached a vast public, officers and technical staff had the chance to review and be informed about the environmental and social measures and considerations addressed by the MOSAPII. A final Public Presentation and Consultation Workshop was held on the 20th of May 2015 (see the list of Participants in the Annex to this report).

Once completed, the RPF was disclosed and fully available at any moment for public consultation, through continued interaction with stakeholders using contacts gathered during the field visits, meetings and public sessions. All public presentation of the MOSAPII included also the communication of the project’s environmental and social management measures and findings during its implementation.

During the implementation phase the MOSAPII will use local radio programs and other media forms to further disseminate information and ensure consultation and participation during the implementation of investment project activities as well as during the monitoring and evaluation process. Selection of ways to consult, and expand participation of stakeholders, will take into consideration literacy levels prevalent in affected communities; gender; ethnicity and cultural aspects; and practical conditions (like distance).

56

20. ReferencesDINIS, A. C. (1973): Características Mesológicas de Angola. 2ª Edição. Missão de Inquéritos de Angola. Nova Lisboa. Angola.

Impacto (2008): environmental and Social Management Framework for the Water Sector Institutional Development Project. Direcção Nacional da Água, Angola, 103 pp.

Melo, R.J.C & C. Barbosa (2015): MOSAP – Lições Aprendidas, Conclusões e recomendações para Futuras Intervenções. Relatório Final. IDA; 59 pp.

Ministry of Environment (2011): National Adaptation Programme Action Under the United Nations Framework Convention on Climate Change; Angola. 91 pp.

MOSAP (2014): Projecto de Agricultura Familiar Orientado para o Mercado - Pano de Gestão Ambiental e Social; Ministério da Agricultura; IDA. 38 pp.

Ramalho, L. (2015): Preparação do Projecto, Desenvolvimento da Agricultura Familiar e Comercialização – MOSAP 2 – Sub-componente 2.1 – Apoio ao Desenvolvimento de Irrigação de Pequena Escala; 34 pp

Russo, V. (2007): Quadro de Gestão Ambiental e Social. MOSAP. 176 pp.

57

Annex 1: Entitlement Matrix for PAPs

(Entitlement Matrix for different categories of PAPs)

Project Impact Affected Population / Entity

Asset Compensation Transport allowance Other Compensation Measures

Additional Provisions for Vulnerable Groups

Loss of land through permanent land acquisition

PAPs holding title or traditional rights to land located in the Corridor of Impact (COI)

Provision of equivalent land within each PAP’s commune/neighborhood – where possible contiguous with their existing field(s) and/or cash compensation.

To be disclosed (TBD) during RAP formulation phase

Guidance or advocacy (where required/sought) in identification of suitable replacement land within commune/neighborhood to ensure appropriateness.

Targeted offers of advocacy in identification of suitable replacement land within commune/neighborhood to ensure appropriateness.

Targeted consultation/ monitoring to ensure livelihoods sustained/ restored and vulnerability not worsened.

Tenants of land located in the COI

Cash compensation for lost crops and opportunities and/or land replacement. Targeted assistance for livelihood restoration

TBD TBD Targeted consultation/ monitoring to ensure livelihoods sustained/ restored and vulnerability not worsened.

Free-users of land located in the COI

Cash compensation for TBD TBD Targeted

consultation/

A




lost crops and opportunities and/or land replacement. Targeted assistance for livelihood restoration

monitoring to ensure livelihoods sustained/ restored and vulnerability not worsened.

Loss of land through temporary land acquisition

PAPs with title or traditional rights to land subject to temporary acquisition

Rental of land by contractor based on market prices (negotiated agreement).

TBD TA to review rental agreements to ensure legal/equitable compensation


Tenants of land subject to temporary acquisition


TBD TBD Targeted consultation/ monitoring to ensure livelihoods sustained/ restored and vulnerability not worsened.

Free users of land subject to temporary acquisition


TBD TBD Targeted consultation/ monitoring to ensure livelihoods sustained/restored and vulnerability not worsened.

Loss of houses Owners of houses located in the COI

In-kind replacement (similar and/or better houses) in

Lump sum allowance to cover removal/relocation costs based on

Building materials may be salvaged from old structures.

Prioritized in provision of resettlement/moving assistance and other

B




close consultation with PAPs (design, location, etc.)

OR

Cash compensation at full replacement cost based on replacement value (no discount for depreciation).

Where possible, replacement houses to be located within boundaries of existing homestead.

Where not possible for replacement houses to be located within boundaries existing homestead, suitable resettlement land to be identified and prepared within existing comune/neighborhood.

formula: weight x Kilometer x Cost/kilometer. Transport allowance

Cash payment as disturbance allowance

Encourage contractors to employ PAPs in construction of any replacement houses, or in preparation of resettlement sites

measures.


C




Tenants of houses (and any associated ancillary facilities) located in the COI

Compensation for loss of house will be to the owner.

Tenants will receive lump sum amount as compensation for lost business opportunities

Transport allowance

Offer of in-kind assistance in identifying replacement house.


Loss of other domestic structures

Owners of ancillary domestic structures (kitchens, ablution facilities, walls/fences, porches, granaries, etc.) located in the COI

Cash compensation at full replacement cost based on replacement value (no discount for depreciation).

TBD Building materials may be salvaged from old structures.

Cash payment for replacement cost allowance

Offer of in-kind assistance for reconstruction of replacement domestic structures.

Targeted consultation/monitoring to ensure livelihoods sustained/restored and vulnerability not worsened.

D




Loss of commercial enterprises (mostly informal)

Owners of kiosks, vending stalls, etc. located in the COI

In-kind replacement

OR

Cash compensation at full replacement cost (no discount for depreciation).

Where possible, replacement structures to be located within boundaries of existing property

Where not possible for replacement structures to be located within boundaries existing property, suitable resettlement land to be identified and prepared within existing comune/neighborhood.

Lump sum allowance to cover removal/relocation costs based on formula: weight x Kilometer x Cost/kilometer.

Cash payment as disturbance allowance

Cash payment for loss of earnings (where owner is also the enterprise operator4) If not, the enterprise operator, this allowance is not paid.

Building materials may be salvaged from old structures.

Suitable site for reestablishment of enterprise to be offered.

Assistance in obtaining any required legal registration and documentation at new site (licensing, etc.).

Encourage contractor to employ PAPs

Targeted resettlement/moving assistance and other measures.


4 The owner of a kiosk/vending stall and the proprietor of the enterprise within it may not necessarily be the same person.

E




Tenants of kiosks, stalls, etc. located in the COI.

TBD TBD Cash payment for loss of earnings.

Targeted resettlement/ moving assistance and other measures.

Targeted consultation/ monitoring to ensure livelihoods sustained/restored and vulnerability not worsened.

Proprietors of mobile enterprises, e.g. tables or on the ground.

No compensation, for loss of mobile enterprises. Owners/managers will get a notice to stop using the COI to conduct their businesses

Loss of crops Owners of crops located in COI

Cash compensation for season of crops based on adjusted price tables from MINAG

NA Targeted assistance to resume agricultural production in the new land

Offer of in-kind assistance for land-preparation (including payment of wages at market rates for people employed).

Targeted resettlement/ moving assistance and other measures.

F




Targeted consultation/ monitoring to ensure livelihoods sustained/restored and vulnerability not worsened.

Loss of economic trees

Owners of economic trees located in COI (e.g. mango, banana, guava, , etc.)

Cash compensation for replacement seedlings/saplings plus cash compensation for value of lost production based on adjusted price tables from MINAG

NA Targeted assistance to resume agricultural production in the new land


Loss of non-economic trees

Owners of non-economic/non-edible trees located in COI (e.g. acacia, eucalyptus, pine trees, etc.)

Cash compensation to cover cost of replacement based on adjusted price tables from MINAG

Cash payment for replacement cost as disturbance allowance

Targeted assistance to resume agricultural production in the new land

Targeted consultation/monitoring to ensure livelihoods sustained/restored and vulnerability not worsened

Loss of ornamental plants

Owners of ornamental gardens on COI

Cash compensation .NA Targeted assistance to

resume agricultural production in the new land

G




Loss of cultural property

Cemeteries located in the COI.

Cash compensation TBD

Loss/relocation of public infrastructure

Power lines, telegraph poles; fiber-optic; telecommunications cable, water valve boxes, road signage, post boxes, etc.

PIU and Provincial Authorities will coordinate with relevant Government/Public institutions.

TBD Consultant to facilitate communication and coordination between parties as required.

H

Annex 2: Template for the Design of RAPs5

1. The scope and level of detail of the Resettlement Action Plan vary with the magnitude and complexity of resettlement. The plan is based on up-to-date and reliable information about (a) the proposed resettlement and its impacts on the PAPs and other adversely affected groups, and (b) the legal issues involved in resettlement. The resettlement action plan covers the elements below, as relevant. When any element is not relevant to project circumstances, it should be noted in the resettlement plan.

2. Description of the project. General description of the project and identification of the project area

3. Potential impacts. Identification of the:

(a) Project component or activities that give rise to resettlement;

(b) Zone of impact of such component or activities;

(c) Alternatives considered to avoid or minimize resettlement; and

(d) Mechanisms established to minimize resettlement, to the extent possible, during project implementation.

4. Socioeconomic studies. The findings of socioeconomic studies to be conducted in the early stages of project preparation and with the involvement of potentially displaced people, including

(a) The results of a census survey covering:

(i) Current occupants of the affected area to establish a basis for the design of the resettlement program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance;

(ii) Standard characteristics of displaced households, including a description of production systems, labour, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population;

(iii) The magnitude of the expected loss (total or partial) of assets, and the extent of displacement, physical or economic;

(iv) Information on vulnerable groups or persons as provided for in OP 4.12, Para. 8, for whom special provisions may have to be made; and

5 Adapted from the World Bank Operational Policies: Involuntary Resettlement Instruments

http://wbln0018.worldbank.org/Institutional/Manuals/OpManual.nsf/023c7107f95b76b88525705c002281b1/ca2d01a4d1bdf58085256b19008197f6?OpenDocument


(v) Provisions to update information on the displaced people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement.

(b) Other studies describing the following:

(i) Land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area;

(ii) The patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project;

(iii) Public infrastructure and social services that will be affected; and

(iv) Social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g., community organizations, ritual groups, nongovernmental organizations (NGOs)) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities.

5. Institutional Requirements.

(a) The identification of agencies responsible for resettlement activities; and NGOs that may have a role in project implementation;

(b) Any steps proposed to enhance the institutional capacity of agencies and NGOs responsible for resettlement implementation.

6. Eligibility. Criteria for determining the eligibility for compensation and other resettlement assistance, including relevant cut-off dates.

7. Valuation of and compensation and resettlement and for losses. The methodology to be used in valuing assets and in the determination of their replacement cost. A description of the proposed types and levels of compensation. A description of the packages of compensation and other resettlement measures that will assist each category of eligible PAPs to achieve the objectives of the policy (see OP 4.12, Para. 6)

8. Relocation. Alternative relocation sites considered, covering:

(a) Relocation sites, whether rural or urban, which are at least comparable to the advantages of the old sites;

(b) Procedures for physical relocation under the project, including timetables for site preparation and transfer; and

(c) Legal arrangements for regularizing tenure and transferring titles to resettlers.

A


9. Housing, infrastructure, and social services. Plans to provide (or to finance resettlers’ provision of) housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services); plans to ensure comparable services to host populations; any necessary site development, engineering, and architectural designs for these facilities.

10. Environmental protection and management. An assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement).

11. Community participation. Involvement of resettlers and host communities, including:

(a) A description of the strategy for consultation with and participation of resettlers and hosts in the design and implementation of the resettlement activities;

(b) A summary of the views expressed and how these views were taken into account in preparing the resettlement plan;

(c) A review of the resettlement alternatives presented and the choices made by PAPs regarding options available to them, including choices related to forms of compensation and resettlement assistance.

(d) Institutionalized arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, the landless, and women are adequately represented.

12. Grievance procedures. Affordable and accessible procedures for third-party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms.

13. Organizational responsibilities. The organizational framework for implementing resettlement, including identification of agencies responsible for delivery of resettlement measures and provision of services; arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation; and any measures (including technical assistance) needed to strengthen the implementing agencies’ capacity to design and carry out resettlement activities; provisions for the transfer to local authorities or resettlers themselves of responsibility for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate.

14. Implementation schedule. An implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to

B

resettlers and hosts and terminating the various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project.

15. Costs and budget. Tables showing itemized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies.

16. Monitoring and evaluation. Arrangements for monitoring of resettlement activities by the implementing agency, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the PAPs in the monitoring process; evaluation of the impact of resettlement for a reasonable period after all resettlement and related development activities have been completed; using the results of resettlement monitoring to guide subsequent implementation.

C

Annex 3: Example of Public Session program and attendance list

D

E

F

G

H

Annex 4: Project Screening Form

1. NAME OF THE APPSA PROJECT COMPONENT:___________________________

New

Rehabilitation

Expansion

2. Provincial/Municipal Contact person___________________________________________________

3. Location:

(Map attached with the location of the activity).

4. Zonning:

Residential zone Savanna Wetlan

d Green

Free area

Semi-urban area

Informal settlement

5. Project Description:

Brief description of the project (site area, project capacity, size) Estimated of resettlement of families/households:_____

Project Affected Persons: Crops:___________

I

Project Affected Persons: Trees:___________

Project Affected Persons: Ancillary structures: ___________

Project Affected Persons: Commercial structures:___________

Project affected sacred sites: Cemeteries______________

Project affected sacred sites: Graves______________

Project affected wells:______________

6. Land Ownership:____________________________

7. Location Altenatives:____________________________

a) Land use in the site and surrounding areas

Land Use Site area Surrounding area

Residential

Commerce and Services

Industry

Agriculture

Leisure & Sport

School

Health Center

Heritage or sacred site

b) Main existing social infra-structures in the surrounding area:

School

Health Post

J

Water well with Pump

Latrines

Drainage network

Road

Electricity

Telecommunication

Other:

K